V NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS appeal arises out of the judgment of the Judicial First-Class Magistrats, Nagarkurnool, acquitting respondents 2 to 7 of an offence under section 447. Indian Penal Code, A private complaint was preferred before the Magistrate by the complainant alleging that on the morning of 22nd September. 1964, the six respondents trespassed into his land and ploughed the same. The Magistrate on a consideration of the evidence placed by the complainant held that the accused had not committed any offence so as to bring them within the micchief of section 447. Indian Penal Code. Against the acquittal, the complainant filed an application on 2nd January,1965 for Special Leave under section 417(3), Criminal Procedure Code and the application came up for hearing on 23rd June, 1965. On that date leave was granted to appeal against the order of acquittal and hence this appeal before this Court, The learned Counsel appearing for the respondents has brought to my notice and it is admitted also by the Counsel appearing for the complainant that the complainant died on 27th February, 1965 even before the Special Leave application to appeal against the order of acquittal was ordered. Mr. Balakrishnamurthy appearing for the complainant has argued that the appeal does not abate under section 411, Criminal Procedure Code and that the fact that the complainant died even before the Special Leave was garnted should not make any difference. In support of his contention that the death of the complainant does not necessarily involve in the abatement of an appeal, he invited my attention to a decision of the Madras High Court in Re Narayana Naiek, The view taken by Jackson, J., in that case is that there is no principle of general application that a private complaint abates on the death of the complainant. In Panchu Swain v. Emperor, the Patna High Court observed: