JHAMSINGH Vs. PRAFULLACHANDRA TRIVEDI

JUDGEMENT

(1.) THIS is an appeal by the unsuccessful plaintiffs against the decree, dated 30/6/ 1967, passed by the Third Addl. District Judge, Jabalpur, in Civil Suit No. 11-B of 1966, dismissing the appellants' claim for damages for wrongful arrest and for false and malicious prosecution in a criminal case.

(2.) IN the year 1962 there was a confluence of eight planets, described as 'ashtagrahi', which was said to be an evil omen for the entire world and according to the belief of some persons, the world was to come to an end. Various people performed Pujas and Yagnas for avoiding the evil consequences. In connection with that, Baba Thanthanpal was touring some areas. People in many villages had requested him to visit their village. The villagers of Katangi village had arranged a function in that behalf and a pamphlet (Ex. P/6) had been issued by the first respondent, who was the Station House Officer at the relevant time as also by other prominent villagers. From Katangi Baba Thanthanpal was expected to proceed to other areas and the unfortunate incident took place near the Rest house of village Hiran, which is located on the road towards Jabalpur side. The procession of Baba Thanthanpal when it reached the Rest House of village Hiran was stopped for having Darshan of the Baba. It appears that there might have been a scuffle between the appellants and the first respondent and his constable phulsingh. In that incident the appellants received injuries, as deposed to by Dr. P. N. Sinhal (P. W. 10 ). According to the said doctor, the first appellant Jhamsingh had the following injuries:--

(3.) THE first respondent also had received injuries as per the injury report. Ex. D/3, made by Dr. S. D. Uplapwar (D. W. 3 ). It is to be noted that one of the injuries was an incised one and was on the forehead.