ORDER

Bajpai, J. - This is an application in revision by one Baldewa who has been convicted by the Bench Magistrates, Kandhla, district Muzaffarnagar, u/s 447. Penal Code, and sentenced to pay a fine of Rs. 100. The Bench also passed certain orders regarding possession of the property for which trespass is said to have been committed. This conviction was affirmed in appeal by the learned Sessions and Subordinate Judge of Muzaffarnagar. In revision it has been argued before me that the trial is vitiated because the complainant was not examined u/s 244, Criminal P.C. and the Magistrate was bound to do so. Next it is contended that:

In the absence of any evidence that the entry in the land was with a view to intimidate or insult or annoy the railway authorities the conviction u/s 447, I.P.O., is bad in Jaw.

2. The third ground is the commen ground regarding the severity of sentence. No grievance has been made before me in connection with the order regarding possession of the property over which trespass has been said to-be committed. The facts are that there is a plot of land which has been recently let out to the S.S.L. Railway and the railway has put up certain boundary flags over the