JAGANNATH Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision from conviction under Section 225-B, I. P.C. The applicant was a judgment-debtor, and a warrant for his arrest was issued against him to the Central Nazir of the Banda Court. In the Banda Judge-ship there is a Karwi Subdivision where there is a registration clerk, to whom all processes for service are usually sent for execution. As the accused was a resident of Karwi, the nazir sent the warrant of arrest to the registration clerk at Karwi, who issued the warrant in the name of four civil Court peons. Out of these four named peons, two peons Gokul Prasad and Mahomed Husain, went to get the service effected. They arrested the accused, but he took them to his shop on the excuse that he had pail Rs. 200 out of the decretal amount and that the remaining amount was to be paid by instalments. The accused assured them that he had got a receipt about the payment of the money and would show it to them at his shop, which was only at a short distance from the place. When the accused arrived at his shop he gave a sudden jerk to the chaprasis whereby the peons received hurt and the accused, after freeing himself, entsred his house.

(2.) The chaprasis then made a report to the police station, on which the accused was prosecuted and has been convicted under Secs.225-B and 353, I. P.C, but has been given only one sentence of six months and a fine of Rs. 30.

(3.) So far as the facts go, there can be no! controversy now in revision. I must accept the facts as found by the Sessions Judge.