MD ISMAIL Vs. STATE

JUDGEMENT

(1.) The petitioner seeks a revision of the judgment of the Sessions Judge of Nellore confirming that of the District Magistrate, who convicted him under section 353, Indian Penal Code and sentenced him to two months' rigorous imprisonment and also to execute a bond under section 106, Criminal Procedure Code, to keep peace for a period of six months thereafter.

(2.) The short facts of the case are these : A number of unauthorised huts were put up on poramboke lands in Nellore town. The Sub-Collector, Gudur, ordered the eviction of the encroachers and directed the Tahsildar of Nellore to carry out the orders. After the requisite notices were served on the encroachers, the Tahsildar deputed P.W. 1 to carry out the orders of eviction. On the 17th of June, 11954, at about 8-30 A.M., P.W. i, accompanied by the village officers, three village servants P.Ws. 3 to 5, and three police officers, went to the spot. Under his directions P.Ws. 3 to 5 were pulling down the roofs of the huts. At that stage the appellant, who had no manner of connection with encroachments, turned up and objected to the demolition of the huts. When this did not have any effect, he assaulted and dragged P. Ws. 3 to 5 to the road, one after another, who were engaged in removing the huts. P.W. 1 gave a complaint at about 5-30 P.M. to P. W. 7, the Circle Inspector. A charge sheet was filed before the Stationary Sub-Magistrate, Nellore, against the petitioner under section 353, Indian Penal Code. The Petitioner denied having committed any offence.

(3.) The Stationary Sub-Magistrate found the accused guilty under section 353, Indian Penal Code. He submitted the proceedings to the District Magistrate under section 349, Criminal Procedure Code, as he thought that action under section 106, Criminal Procedure Code, was necessary. The District Magistrate passed the order mentioned above. This was confirmed in appeal by the Sessions Judge, Nellore.