Indian Kanoon - Search engine for Indian Law

This revision petition is preferred by accused aggrieved by the Judgment of conviction and order of sentence passed by the JMFC-III Court, Belgaum in Criminal Case No.1124/ 2009 dated 04.05.2010 sentencing the accused to undergo simple imprisonment for a period of six months for the offence punishable under Section 504 of IPC; and to undergo simple imprisonment for one month for the offence punishable under Section 506 of IPC and to pay a fine of Rs.1,000/- for the offence punishable under Section 448 of IPC, in default of payment of fine amount, to undergo simple imprisonment for a period of two months, which came to be confirmed by the Principal Sessions Judge, Belgaum in Criminal Appeal No.84/2010 on 20.09.2011.

20. The ratio laid down by the Hon'ble Apex Court in the aforesaid judgments are necessarily to be followed in dealing with the provisions of Sections 448, 504 and 506 of IPC, which is not disputed by the learned Government Pleader. The question on hand before this Court is whether the trial Court and Appellate Court have followed these necessary requirements of the provisions and the ingredients in convicting the accused.

21. The offence under Section 448 IPC reveals the punishment to house tress pass. In order to pass conviction under Section 448 IPC, it must be found that intention of the accused was to commit an offence or to insult or annoy the complainant. There must be an unlawful entry and there must be proof of one or other intention mentioned in Section 441 IPC. It is necessary to state here that knowledge and intention are essential behavior of the mind and cannot be demonstrated as physical object.

22. In the present case on hand though the trial Court as well as Appellate Court on careful analysis of the evidence and the documents produced, have arrived at a conclusion that the evidence on record clearly establish the commission of offence punishable under Section 448 IPC and also the commission of offence under Sections 504 and 506 of IPC. It is also necessary to note that the provisions of house tress pass under Section 448 of IPC, could not necessarily mean that tress pass should be in a private place and it may not be in an Office. Therefore, even if a person tress pass into the Office premises the provisions of section 448 IPC could be attracted. In the present case on hand the accused having tress passed into the Office premises of the Co-Operative Society is liable for the offence punishable under Section 448 IPC. Therefore, considering the entire material both oral and documentary, the trial Court and the Appellate Court have rightfully have come to a conclusion in convicting the accused for the aforesaid offences.

(ii) Accused is sentenced to pay a fine in a sum of Rs.5,000/- for the offence punishable under Section 506 IPC, in default of payment of fine amount, he shall undergo simple imprisonment for a period of three months

4. Sentence with regard to offence punishable under Section 448 IPC is not disturbed and the accused shall pay a fine of Rs.1,000/- for the offence punishable under Section 448 IPC, in default of payment of fine amount, he shall undergo simple imprisonment for a period of two months.