NAGRAJ Vs. STATE OF MYSORE

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the High Court of Mysore rejecting the reference by the Sessions Judge, Shimoga Division, recommending the quashing of the commitment order of the Magistrate committing the accused to the Sessions for trail of offences under Ss. 307 and 326, I. P. C., on the ground that the Magistrate could not have taken cognizance of the offences without the sanction of the State Government in view of the provisions of Ss. 132 and 197 of the Code of Criminal Procedure.

(2.) The case against the appellant was started on the complaint of one Kenchappa who alleged that the Sub-Inspector and another person had severely beat one Thimma and that the Sub-Inspector, when forcibly taking away Thimma and requested by Kenchappa to excuse Thimma if he had misbehaved, wantonly fired from his revolver at Hanumanthappa and Shivalingappa. It is on this complaint that, after preliminary enquiry, the Magistrate committed Nagraj, the appellant, to the Court of Session for trail.

(3.) The facts of the incident, according to the appellant and the basis of the counter case, are these. The appellant was a Sub-Inspector of Police in the State of Mysore. He was posted at Yagati, Kadur Taluk in September 1959. On September 7, 1959, he arrested one Gidda, manufacturing illicit liquor, and sent him with the constable to the police station. Thereafter, he arrested Thimma who was supposed to be in league with Gidda in manufacturing liquor. When Thimma was being taken to the police station by the sub-Inspector and a constable a crowd of about 20 or 30 persons rushed at them, surrounded them and the police officials, attacked them and rescued Thimma. Nagraj asked those people not to resort to violence, but to remain calm. The people, however, did not pay heed to the advice, caught the constable and asked Nagraj to stay there till one Kenchappa came. Upon this, the Sub-Inspector again told them to go away without creating any trouble and said that there was no reason for him to wait for Kenchappa. The people threatened him and the constable with dire consequences if they left the place. Just then Kenchappa came and then these persons encircled the Sub-Inspector and the constable and the Sub-Inspector, apprehending danger to his life and that of the constable, first fired his revolver in the air and when the people pelted stones at him and grappled with him, two shots went off from the revolver and injured two persons, Hanumanthappa and Shivlingappa. Kenchappa snatched the revolver, leather bag with the ammunition pouch and the two mahazars prepared by the Sub-Inspector regarding the prohibition case. The people beat the Sub-Inspector and carried him to a pond saying that they would throw him into it. They were, however released at the remonstrance of one Basappa.