NALLAKARUPPAN CHETTIAR Vs. SUBBIAH THEVAR

JUDGEMENT

(1.) This is a revision preferred against the conviction and sentence by the learned Sub-Magistrate of Tirumayam in C. C. No. 37 of 1959, confirmed by the learned District Magistrate of Tiruchirapalli, in C. A. No. 76 of 1959.

(2.) The short facts are: On 25-10-1958, at 10 A. M. a bull and cow belonging to the accused were grazing on the fields belonging to the complainant's master Sethu Raman Chettiar of Pasumadam. P. W 4 caught them and was taking them to the pound. While he was going near the Vachakasalai the accused who is the owner of the cattle asked him not to take them to the pound. But P.W. 4 persisted and stated that they had damaged his mater's crops and if the accused wanted the cattle to be not taken to the pound he should approach his master. The accused became irritated and beat P.W. 4 with his chappals and rescued the cattle forcibly from the hold of P.W. 4. Thereupon P.W. 4 informed his master and a complaint was filed.

(3.) The case for the accused was one of total denial of the commission of the offence and that he had been falsely implicated on account of enmity.