1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Appeal No.1191 of 2008 The State of Maharashtra at the instance of Complainant Abhiman Dadaji Ahire ... Applicant/Appellant (Orig. Complainant) v/s. Lalit Shyamlal Rohidas & 4 ors. ... Respondents (Orig. Accused Nos.1 to 5) Mrs.R.V. Newton, APP for Applicant. Mr.Indrajit Joshi for Res Nos.1 to 3. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 13th November 2009 P.C. : 1.The original accused, in this case, were prosecuted, inter alia, for offences under Sections 354, 306, 504 and 506 of the Indian Penal Code. The accused have been acquitted under all these offences. An Appeal filed by the State resulted in leave being rejected. 2.The accused are convicted under Section 452 for house trespass after preparation for hurt, assault and wrongful restraint. They are sentenced to pay a fine of Rs.5,000/- and execute a bond of good behaviour. The prosecution has filed this Appeal for enhancement of the sentence. 2 3.The case made out by the prosecution is that the accused were drunk, they were abusing the complainant and his family members. The complainant had guests in his house. The complainant claimed to pacify them. He returned to his house. The accused followed him. He closed the door of the house, the accused knocked on the door, entered the house and accused No.1 uttered the abusive language after catching hold of his neck and uttering that he provoked his daughter to commit suicide. Section 452 requires the prosecution to show the preparation made for hurt, assault or wrongful restraint by the accused. In this case, the incident narrated by the prosecution shows an action under provocation. The accused are shown to have knocked on the door and entered the house of the complainant. Consequently, all the ingredients of Section 454 are not satisfied except that of actual trespass by entering upon the house. The sentence awarded by the learned Ad-hoc Additional Sessions Judge-1, Malegaon, Nashik, therefore, cannot be faulted. The Appeal is dismissed. (SMT.ROSHAN DALVI, J.)