STATE OF KARNATAKA Vs. A DEVIAH

JUDGEMENT

(1.) In this appeal, the legality and correctness of the judgment passed by the Addl. Munsiff and J.M.F.C. Coorg, Mercara, in C.C. No. 790/76 acquitting respondents 1 and 2 of the offence under Section 353 I.P.C. is challenged.

(2.) Respondents 1 and 2 were accused 1 and 2 respectively in the court-below and they will be referred to as accused Nos. 1 and 2 hereafter for the sake of convenience.

(3.) On 31-8-1974 at about 4-50 P.M. P.W. 1 the survey Supervisor was engaged in surveying the lands bearing Sy. Nos. 92, 93, 91 and 98 etc., of Kanthoor village as per the orders of the learned Munsiff in O.S. 395/1966. At that time, the accused obstructed him while discharging his duties as a public servant, P.W.1 filed a complaint in the Rural police station, Mercara about it. After completing the investigation, the accused were charge-sheeted for an offence punishable under S. 353 I.P.C. by the P.S.I. Mercara Rural Police Station. The accused denied the commission of the offence. The prosecution examined P.Ws.1 and 2 on 20-1-1978. Then the case was adjourned to 27-1-1978 for further evidence and summons were issued to charge-sheet witnesses Nos. 3, 8, 10 and 11 to appear before the Court on that day for giving evidence. But the summons were returned unserved on 27-1-1978. The learned Magistrate did not grant the request made on behalf of the prosecution for time to produce the witnesses. He treated the prosecution evidence as closed. Then, he examined the accused and acquitted them by his order dated 28-1-1978. Hence, this appeal by the State.