K.C. VALAYUDHAN Vs. P.R. RAMAN NAIR

JUDGEMENT

(1.) THE petitioner was the first accused in C.C. No. 1415 of 1945 on the file of the Stationary Sub -Magistrate, Palghat. He was along with six others charged under Section 430, Indian Penal Code, for causing mischief by digging a channel in a certain plot of land and wrongfully diverting water from the respondent's wet lands. After examining the prosecution witnesses, the trying Magistrate discharged accused 1 and 6 and framed charges against the remaining accused. Against the order discharging the petitioner (first accused), an application was filed in the Sessions Court, South Malabar, by the complainant. The learned Sessions Judge set aside the order of discharge so far as the petitioner is concerned and directed further enquiry. The present revision petition has been filed against that order.

(2.) THE sole ground on which the further enquiry has been ordered by the learned Sessions Judge is that in a petition dated 3rd December, 1945, sent by the petitioner to the Sub -Magistrate, Alatur, the petitioner has stated that he directed the second accused to divert the water. The learned Sessions Judge pointed out that if the petition is admitted in evidence and proved it would show that the first accused abetted by instigation the commission of the offence with which the second accused was charged.

(3.) THE learned Judge observed: