RAMRATAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, by special leave, raised the question whether a person who seizes cattle illegally, purporting to act under S. 10 of the Cattle Trespass Act, 1871, hereinafter called the Act commits the offence of theft or robbery or not. The question arises in this way.

(2.) On the morning of November 28, 1957 a number of cattle belonging to several persons, including Shamnarain Singh, were observed by a number of persons, including Ramnandan Singh and Ram Ratan alias Ratan Ahir, grazing in a kurthi field about which there was a dispute between the authorities of the Basic School and Shamnarain Singh each of them claiming the field. Ramnandan Singh and others seized those cattle and proceeded to take them to the pound at village Tilauthu. These persons were armed with sharpedged weapons and lathis.

(3.) The report of the seizure of the cattle reached Shamnarain Singh and other people in the village. A number of people, variously armed, started from the village to rescue the cattle. They were joined by others on the way. This party, including Sukhari Mahto, Deocharan, Sheodutt, Hari Mahto and Ramdeo, caught up with the other party a short distance from the cattle pound and asked that party to release the cattle. Altercation took place between the parties and then they fought together. According to the prosecution case, members of the appellant's party attacked Shamnarain Singh and his companions. According to the appellants it was the other party which attacked them. As a result of the fight five persons got injured on the side of Shamnarain Singh. Of them, Ramdeo got one gaping punctured wound in the right thigh with a spear. He died as a result of the injury received, Sukhari Mahto received 16 injuries including 4 incised wounds. The other three injured persons received ordinary injuries. Deocharan had an abrasion, Sheodutt Singh got a lacerated wound, a swelling and an abrasion and Hari Mahto had a lacerated wound. On the side of the appellants, four persons got injured. Ramnandan Singh received 12 injuries, including 4 incised wounds and 3 punctured wounds. Ratan Ahir got three injuries including 2 punctured wounds. Sheoratan got 5 injuries including 2 punctured wounds. Raj Kumat Singh got 2 injuries including one punctured wound.