KRISHNAN AND OTHERS Vs. MUTHUSWAMI UDAYAR

JUDGEMENT

(1.) THE Sub -Magistrate, Kallakurichi, in C.C. No. 3125 of 1969 on his file, has framed a charge against die petitioners for an offences under S. 427, I.P.C. This is in respect of mischief alleged to have been caused to the house of the respondent at Viragavoer on the 5th day of October, 1968. The petitioners, who are the accused in the case, have filed the present petition for quashing the said charge on the ground that in the previous trial in C.C. No. 346 of 1968 on the file of the Sub -Divisional Magistrate, Ulundurpet, they were acquitted on 6th March, 1969.

(2.) BRIEFLY the facts are as below: On the 7th October, 1968, the respondent complained to the police at Varanjaram that the petitioners herein trespassed into his house, as members of an unlawful assembly, at 2 a.m. on 5th October, 1968, hurled stones and caused injuries to two persons, viz, Subramanian and Kuppuswami, besides causing damage to the tiles of his house. The police, after investigation, filed a charge -sheet against the petitioners for offences under Ss. 147 , 148 and 323, I.P. C. This case was tried by the Sub -Divisional Magistrate, Ulundurpet, in C.C. No. 346 of 1968, On 6th March 1969, he acquitted that petitioners mainly have three grounds,. viz., (1). Than could have been in identification of the persons alleged to have been in the unlawful assembly; (2) Ex. P -1 could not be the earliest report and (3) The photographs do not best out the case of extensive damage to the house as alleged. On 10th March, 1969, the respondent filed the present complaint for an offence under S. 427, I.P.C. This is in respect of the damage alleged to have been caused to the ties in his house. The petitioners objected to the trial on the ground that there was a finding in the previous case about the alleged mischief and that as such it was not open to the respondent to relitigate the matter. Their objection was overruled. Who corrections of this order is now canvassed in this revision.

(3.) THERE has been a definite finding in the previous case that there has been no damage to the tiles of the respondent's house. The doctrine of issue estoppel applies and the present proceedings are barred. The proceedings in C.C. 3125 of 1969 now pending before the Sub Magistrate Kallakurichi, are quashed. The revision is allowed.