No­body can take forcible pos­ses­sion of property: Court

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No­body can be al­lowed to take the law in their hands, a trial court said while con­vict­ing three peo­ple in a tres­pass­ing-cum-as­sault case. “If peo­ple are al­lowed to take the law in their own hands or en­ter res­i­den­tial premises to take forcible pos­ses­sion of prop­er­ties, then so­ci­ety will be ru­ined,” the court stated.

Ad­di­tional ses­sions judge Sanjeev Jain up­held the sen­tence passed by a mag­is­te­rial court and de­nied ben­e­fit of pro­ba­tion to the three con­victs in a nearly 27-year-old case. The court noted that facts were suc­cess­fully proved against the con­victs, Chan­der Mo­han, SD Bhan­dari and Nathi Lal. Ac­cord­ing to pros­e­cu­tion, the trio had forcibly en­tered the house of Sa­hab Pyari Mishra on 3 March 1988 and as­saulted her and her daugh­ter with a sharp-edged and blunt ob­ject over a property dis­pute.

The mag­is­te­rial court had con­victed Mo­han un­der Sec­tion 326 (vol­un­tar­ily caus­ing griev­ous hurt) and Sec­tion 452 (house tres­pass) of IPC and sen­tenced him to one year in jail with a fine of Rs 2,000. Bhan­dari and Lal were con­victed for of­fences un­der Sec­tion 323 (vol­un­tar­ily caus­ing hurt) and Sec­tion 452 of IPC and were sen­tenced for six months and fined Rs 1,000 each.

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