In Re: Somadural Mudaliar and Others

Sadasiva Aiyar, J.—In some of the cases quoted by the appellants'' learned Counsel, the lower Courts did not find the intention to annoy. In

the present case, the Appellate Magistrate finds ""clearly their"" (the accused''s) �intention to annoy the complainant.

As regards other cases quoted by petitioner''s Counsel (mostly Calcutta cases) in which the Judges have held that an intention to annoy; should

be positively proved and that if some other intention is also evident, an intention to annoy should not1 be presumed, I respectfully differ from those

cases and agree with the judgment of Benson, J., in Sellamuthu Servaigaran v. Pallamuthu Karuppen 9 Ind. Cas. 152

The inevitable consequence of the act of the accused in this case in breaking open a house which had been delivered (with the aid of the Police)

through Court to the complainant must be serious mental annoyance to the complainant, and the intention to cause such annoyance follows the

knowledge of the accused as human beings that such annoyance must be caused.

I dismiss this petition.