Ramdhani Mahton vs Emperor

Mohamad Noor, J.—The petitioner was convicted by the Honorary Magistrate of Jehanabad u/s 426, Penal Code, and sentenced to pay a fine of Rs. 10. On appeal the sentence has bean maintained but the conviction has been altered into one u/s 352, Penal Code, as the learned Magistrate in the Court of appeal below held that the conviction u/s 426, Penal Code, was not maintainable. The prosecution case was that the petitioner had closed an old drain of the complainant, and when the latter came to open it armed with an order of the Khas Mahal authorities, the petitioner did not allow him to do so and chased him.

The petitioner was summoned to answer a charge u/s 426 only and was, as stated above, convicted and sentenced under that section by the trial Magistrate. There is nothing to show that the petitioner was ever informed by the learned Honorary Magistrate that he had to defend himself against the offence of assault as well. The conclusion therefore which has been arrived at by the learned Magistrate in appeal cannot be maintained. I express no opinion about the rights of the parties in connexion with the drain. I hope the matter will be settled without any further litigation. The result is that the conviction and sentence are set aside and the fine, if paid, will be refunded.