PADMA CHARAN BEHERA Vs. RANGADHAR DAS

JUDGEMENT

(1.) THE petitioners have been found having seized a few heads of cattle which belonged to the opposite party and impounded them. The seizure but not the detention hasbeen adjudged illegal by the Honorary Magistrate. The Magistrate has awarded a compensation of Rs. 75 distributing the same as between the petitioners equally. Thus each petitioner has been awarded a liability to pay a sura of Rs. 15 to the complainant -opposite party. Several contentions have been raised by Mr. Dasgupta the learned counsel for the petitioners. They are : (i) That the Magistrate had no jurisdiction to hear and dispose of the complaint; (ii) That neither in the petition of complaint nor in the evidence, the complainant made any mention of the loss or, at any rate, the items or heads of such loss, and in the absence of such allegations and proof, no compensation beyond the fines paid to the pound -keeper, being a sum of Rs. 7/8 should have been awarded to the Complainant and lastly, (iii) that the compensation awarded is highly excessive.

(2.) FOR the first contention, relience is placed upon Section 20, Cattle -Trespass Act (I [l] of 1871) which reads :

(3.) WITH regard to the second contention there is no doubt some amount of conflict of authorities in the different High Courts. In cases reported in Baijnath Sahay v. Emperor, A. I. R. (10) 1923 Pat. 292 : (24 Cr. L. J. 311); Ramdularey v. Monohar, A. I. R. (17) 1930 Nag. 149 : (31 Cr. L J. 278) and Boijoo v. Emperor, A. I. R. (26) 1939 Oudh 37 : (40 Cr. L. J. 141), it has been consistently held that specific sum representing the loss sustained shall be claimed in the petition of complaint in lieu or compensation. A contrary view has been indicatad in Bhujharat v. Emperor, A. I. R. (22) 1836 ALL. 925 : (37 Cr. L.J. 247) and Kolandai Chetty v. Perumal Kavundan, A. I. R. (18) 1928 Mad. 369 : (29 Cr. L. J. 325). I do not find any difficulty in coming to my own decision. My decision is that in the petition of complaint, or, any rate, in the evidence adduced for the complainant the different heads on which losses have been suffered must be specifically indicated. Suppose, by illegal seizure of cattle, the owner is deprived of any amount of milk that he should have otherwise obtained, he must be entitled to be compensated against such loss. But in order to be bo compensated, he must lodge it and prove it so that the accused may have the opportunity (to meet?) thai case. Suppose, the accused knew what grounds were relied upon, he would have been able to show that each of the grounds on which the loss was based was without foundation. It is fundamental in administration of justice that no part shall be allowed to steal a march over the other. Every party must specifically lodge and prove his case. so that his adversary gets an opportunity to meet it. I am also, at the same time, of the view that suppose the petition of complaint is silent, it would be no reason to throw away the complainant's claim for compensation for the loss, provided he alleges and proves it during the hearing and the so -called accused gets an opportunity to plead and prove in reply. In this case, there is neither such allegation nor proof though there is a general prayer in the petition for Khatikhesara. It has also been held in Shaik Hussain v. Sanjivi, 7 Mad. 345 : (l weir. 713), that the complainant may be allowed the costs of the proceeding though not the pleader's fee, if any, incurred by him. I would, therefore, hold that the petitioners will also succeed in their second contention.