LAWS(PVC)-1927-6-95

BAPUJI Vs. EMPEROR

Decided On June 17, 1927
Bapuji Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) 1. The facts found by the Magistrate are that the applicant resisted a process-server, who was endeavouring to deliver possession of the applicants' standing crops to Pandurang; he used criminal force by catching the process-server's hand and giving him pushes. Mr. Sukthankar, District Magistrate, has suggested that the applicant may have offered resistance under a mistaken idea, of his rights.

(2.) THE counsel for the applicant does not desire to dispute these findings. Very many people are disposed to resist process-servers when their property is attached, and it is necessary to pass determent sentences even where such persons are not sure that the attachment is legal. But the applicant acted in the most open way and made an endorsement that he had resisted the process-server. A very heavy punishment is not required in order to deter persons from taking such action; it would be different if the action was such that the chance or detection and punishment was very small. In my opinion a substantial fine would have been sufficient, the resistance offered was merely a technical assault. The applicant has undergone rigorous imprisonment for some months. I therefore reduce the sentence to the imprisonment already undergone.