SARASWATI Vs. JAYARAMAN

JUDGEMENT

(1.) The Appellant, on whose complaint, the respondents were tried and acquitted by the Judicial II Class Magistrate II, Saidapet in S.T.C. No. 546 of 1982, of an offence under section 20 of the Cattle Trespass Act of 1871 (hereinafter referred to as the Act), has preferred the present appeal, challenging the acquittal.

(2.) Facts alleged in the complaint briefly are - There was a civil litigation between the appellant and the respondents, regarding the enjoyment of the place where the cattle shed of the appellant was located and consequently the appellant had filed l.A. No. 184 of 1982 in the Court of the District Munsif, Poomamallee against the respondents and had obtained interim injunction in l.A. No. 505 of 1982 which had been severed on the respondents even on 10/2/1982. While so, on 6/5/1982 at about 12 noon, the respondents and several others, came to the cattle shed, dismantled it and drove away the appellants she-buffalo which had been tied in. the shed. On 12/5/1982 the appellant came to know, that the she-buffalo had been detained in the pound from 6/5/1982. The appellant took possession of the she buffaloe, after paying the pound charges.

(3.) During trial, on behalf of the appellant P.Ws. 1 to 8 were examined and Exs. P1 to P4 were marked. The appellant examined herself as P.W. 1 and examined P.Ws 2 to 6 to corroborate her regarding the occurrence. P.W.7 was the Sub-Inspector of Police of the concerned Police Station, who had received the complaint given by the appellant on 6/5/1982. P.W. 8, who was the Health Inspector attached to the Pallavaram Contonment Board, stated that on 6/5/1982 at about 6.15 p.m. about 4 or 5 persons, brought a she-buffaloe and the 16th respondent who was one among them produced the she-buffaloe, which was kept in the pound till 12/5/1982, when it was released.