1953 Supreme(Kar) 40
VENKATA RAMAIYA
KEMPE GOWDA – Appellant
Versus
STATE OF MYSORE – Respondent
( 1 ) THE petitioners who are six in number have been convicted under Section 151, I. P. C. for having refused to go away when asked to do so by the Police Inspector on 31-12-52 and each sentenced to pay a fine of Rs. 5. The case was tried summarily and this is one of the grounds of objection to the conviction. From what can be gathered by a perusal of the judgment and the exhibits there is a dispute between the accused on the one hand and one Eregowda on the other about the ownership, possession or both of a land. Eregowda anticipating trouble by the accused being caused to his cutting the crops applied for police help and as apprehended accused went in a body to prevent Eregowda from removing the crop and refused to quit tile place as ordered by the Inspector. It is argued that Section 151, I, P. C. has been resorted to with a view to deprive the accused benefit of a trial in the ordinary manner by giving up the complaint alleging serious offences, that the order of the inspector was not lawful and that the conviction is unjust inasmuch as it implies a punishment for accused staying on a land which is theirs. The judgment in the case does not set forth the points raised or necess
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