MUTHUSWAMI GOUNDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a criminal revision case filed against the conviction and sentence of the City First Class Magistrate, Coimbatore, in Crl. Ap. No. 19 of 1951 confirming the conviction and sentence of the learned Stationary Sub Magistrate, Erode, in C. C. No. 159 of 1950.

(2.) The facts are brief: There has been ill-feeling between the complainant in this case and the accused and this ill-feeling seems to have spread from the masters to their Quadrupeds. There was an impounding of the cattle of the complainant by the accused one fort-night before this alleged occurrence and the complainant had to pay money for releasing the cattle. One fortnight thereafter the complainant has launched this case on the ground that a horse belonging to the accused grazed in a six acre field of his cultivated with cholam and horse-gram. The crop of horse- gram is specifically mentioned as having been in flower and grown to a height of one foot. The horse was said to have been taken to the pound and the case is that in transit it was forcibly rescued by the accused.

(3.) Both the courts below have believed the rescue and have convicted the petitioners under Section 24, Cattle Trespass Act, as well as under Section 143, I. P. C., and sentenced them to fine's totalling to Rs. 50 in the case of each petitioner.