MOOLA SINGH Vs. SURENDRA SINGH

JUDGEMENT

(1.) This is a complainant's appeal, by special leave, against an appellate order of acquittal passed by the First Assistant Sessions Judge of Saharanpur. The circumstances under which it arises are as follows : Mula Singh, the appellant, filed a com- plaint against Surendra Singh, Bhopal Singh, Bhagwan Singh and Harbhan Singh, the respondents, alleging that on the evening of the 22nd August 1958 the latter demolished the Gul (water-course) of Kulaba No. 7 Canal Minor Nalhera which passed through their plot No. 265 in village Chapperh and irrigated the appellant's field and they thus committed an offence punishable under Section 70 (1) of the Northern India Canal and Drainage Act (Act No. VIII of 1873), hereinafter referred to as the Act.

(2.) All the respondents denied the appellant's case and attributed their false implication to enmity on account of some election disputes. They examined three witnesses in their defence.

(3.) The trial court on an appraisal of the evidence led by the parties found the appellant's case proved and consequently convicted and sentenced each of the respondents to a fine of Rs. 45 in default to one week's rigorous imprisonment. On appeal the lower appellate court reversed that judgment and acquitted the respondents. Hence the present appeal by, special leave.