RAGHUBAR DAYAL, J.

( 1 ) THERE is an open piece of land between the houses of Karim Bux applicant and Karimullah, complainant. In 1948 the applicant stored earth and other materials on this open land. When heavy rains came, water appears to have accumulated there and to have caused damage to the wall of Karimullah, with the result that a portion of the wall fell down. It is in evidence, which is believed by the Courts below, that Karimullah asked the applicant to remove the materials, and that the applicant promised to remove but did not remove. On this fact the applicant was convicted under Section 427, Penal Code, His conviction was upheld by the Sessions Judge. He has, therefore, come to this Court in revision.

( 2 ) I am of opinion that on the facts found, no offence under Section 427, Penal Code is made out. Section 425, Penal Code is : "whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief". " i am of opinion tha

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