Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted under Section 333, I. P. C. and sentenced to one years rigorous imprisonment and a fine of Rs. 500, in default to suffer three months rigorous imprisonment . We have gone through the judgment of the High Court and have also heard counsel for the parties. Mr. Jethmalani in support of the appeal has argued a point of law before us. He submitted that on the facts recorded by the Sessions Judge, no case under Section 333 has been made out. His contention was that according to the prosecution the appellant had merely tried to enter the bus from the drivers the cabin which was not occupied by the driver who was standing near the bus and it has not been proved that the driver in stopping the appellant was acting the discharge of his duties. In our opinion the contention is to be stated only to be rejected. It is not disputed that the appellant tried to trespass into the drivers cabin which was meant for the complainant driver. While driving the bus of even while standing at the bus stand the driver was discharging his duties and if he tried to prevent the appellant from committing trespass by entering