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1963 Supreme(Kar) 3

T.K.TUKOL
VEERATHAIAH – Appellant
Versus
RAMASWAMY IYENGAR – Respondent


( 1 ) THE petitioners have filed this revision petition against the order passed by the Second City magistrate, Mysore in C. C. No. 5596 of 1961 convicting them in a summary trial for the offence of house trespass under Section 448 of the Indian Penal Code and sentencing each of them to pay a fine of Rs. 100/-, in default to undergo simple imprisonment for one month.

( 2 ) THE prosecution was started on a complaint filed by the respondent on 19-7-1961 complaining that the accused committed house trespass punishable under Section 453, I. P. C. by forcibly entering into a portion of the building bearing No. 81 in Kumaraswamy Galli, Kille Mohalla, mysore City on 13-9-1960 at about 6-45 A. M. after breaking open the lock. The accused pleaded not guilty. On the evidence the learned Magistrate held that the accused had committed house trespass and had forcibly entered into the house in the possession of the complainant with intent to causine annoyance and wrongful loss. He. however, expressed that he was not prepared to believe the uncorroborated testimony of the complainant on the Question of breaking of the lock. He accordingly passed the order of conviction and sentence mentioned abo




















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