ABEYAKOON v. SODALAYANDI ACHARI.

 ABEYAKOON v. SODALAYANDI ACHARI.

D. C, Kegalla, 21,367.

Penal Code, s. 183-Obstructing public servant in discharge of public duty- Meaning of voluntary obstruction-Punishment for such offences.

Where a Deputy Fiscal, entrusted with a writ of possession, informed the accused, who was in possession of the house, that he had come to place the purchaser in execution in possession, but the accused in an excited state said in anger to the Deputy Fiscal." It would be either my life or your life; you will have to cut my the oat before I am sent out; " and the Deputy Fiscal, apprehending something serious, did not give effect to the writ of possession:

Held, that the conduct of the accused, though devoid of physical resistance, amounted to criminal intimidation, and therefore to voluntary obstruction.

In the absence of special circumstances of aggravation, the punishment in such cases should not be greater than that which may be inflicted under section 326 of the Civil Procedure Code, namely, simple imprisonment, or a fine.

THE accused in this case was found guilty under section 183 of the Penal Code of obstructing the complainant as a p

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