THE PUBLIC PROSECUTOR Vs. A.V. HARIHARA IYER

JUDGEMENT

(1.) THE Sub -Magistrate, Ariyalur, convicted the respondent who was the accused in C.C. No. 198 of 1946 on his file of an offence under Section 159(1) of the Madras Local Boards Act punishable under Section 207(1) of the Madras Local Boards Act and sentenced him to pay a fine of Rs. 100 ; in default to suffer simple imprisonment for two weeks. There was an appeal to the Sub -Divisional Magistrate, Ariyalur, and he set aside the conviction and sentence and acquitted the accused. The Crown appeals.

(2.) THE prosecution was in respect of an alleged encroachment on a street called Vellala Street in Ariyalur town. The encroachment was in the shape of a tiled shed and a big masonry arch. These were part of the house of which the accused was an occupier. The grounds on which the Sub -Divisional Magistrate acquitted the accused were:

(3.) I am surprised that the Sub -Divisional Magistrate should have observed that the fact that a survey sketch was not filed weakened the prosecution case. There was a sketch filed by P.W. 1, the Local Fund Overseer, Ariyalur, showing the encroachments and containing the relevant measurements. (Exhibit P. 2). The trial Magistrate says as follows: