Judgement

RAMASWAMI, J. : This appeal is brought, by special leave, from the judgment of the Orissa High Court, dated March 2, 1964 in Government Appeal No. 49 of 1963 by which the High Court set aside the order of acquittal passed by the Assistant Sessions Judge of Puri and convicted the appellants under S. 353 of the I.P.C. and sentenced them to 4 months rigorous imprisonment.

2. The decree-holders Panu Sahu and Naba Sahu levied execution of the decree (Ex. Case No. 125/62), in the Court of the Munsif, Puri, against the appellants and a writ of attachment of the moveables of the judgment-debtor was issued for execution through P. W. 2, Sadhu Charan Mohanty, a peon of the Civil Court, Puri, returnable by August 10, 1962. P. W. 2 reached the village of the judgment-debtors on August 10, 1962 at 10 a.m. with the warrant of attachment and asked the judgment-debtors to pay the decretal dues of Rs. 952.10 nP., and when he was going to seize some of the movables, the appellants came there with lathis and resisted him. P. W. 2 sent a report-Ex. 4-to the Court through Nabaghan requesting the Court to give necessary police help. Accordingly on the same day the Munsif wrote a letter, Ex. 2,