441, 323, 307 and 506(ii) IPC
Kumarasamy (A2) 498-A, 441, 323, 325 and 506(ii) IPC
Leela (A3) 441 ... imprisonment
Section 323 IPC Fine of Rs.1,000/-, in default to
undergo two months simple
imprisonment
Kumarasamy (A2) Section 441 IPC
sections are the variations of the criminal
trespass defined in s. 441 and are punished as per
the requirements of the sections.
Section 441 IPC ... life the house
trespass is punishable under Section 450 of the
Indian Penal Code. Similarly, Sections 451 , 454
and 457 will apply the house trespass
Trial Court regarding the commission
of offence under section 451 IPC. Section 451 IPC would be attracted when a
house trespass ... commit an offence is
a necessary ingredient of section 451 IPC. Section 441 IPC defines what is
"criminal tress pass
committed the
offences under Section 447 and 323 of the IPC. As per Section 447 of
the IPC, 'whoever commits ... term criminal trespass is defined under Section 441 of
the Indian Penal Code. Section 441 of the Indian Penal Code is
extracted as herein below
present case, we are
concerned with the first part of Section 441 IPC which provides that
whoever enters into or upon property ... evict them by use of criminal force. Therefore, the ingredients of
Section 441 IPC were satisfied. Since the trespass was made
liable to be acquitted for this offence
also.
Section 450 IPC
26. Section 450 IPC prescribes punishment for commission of
house ... defined
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under section 442 IPC. Section 442 IPC prescribes that who
ever commits criminal trespass
commit criminal trespass. Origin of
offence u/s 451 IPC is u/s 441 IPC which defines criminal trespass. If
criminal ... said that offence u/s 451 IPC
has been committed. Intention is most important ingredient of offence u/s 441
which is
defined in Sec. 442 IPC. The ingredients of a criminal trespass as
defined in Sec. 441 IPC and house ... human dwelling it becomes house-trespass as defined in Sec. 442 IPC.
Sec. 441 and 442 IPC read as under
punishable with
imprisonment. Section 441 IPC and 442 IPC defines criminal trespass and
house trespass.
8.1 Section 442 IPC ... property in possession of another. This
"possession" envisaged in section 441 IPC is
physical and not merely constructive possession
incriminating evidence has come on record at all.
THE FINDINGS:
7. Section 441 IPC deal with the offence of criminal trespass. For
offence ... offence,
7.1. Further Section 442 IPC deal with House trespass which is
aggravated form of section 441 IPC. Further section
