SHYAM SUNDER CHOUDHURY AND ANR. Vs. BISWANATH CHOUDHURY

JUDGEMENT

(1.) THIS revision is against an order passed by Sub -Divisional Magistrate, Bhadrak, calling upon the two Petitioners to pay a total sum of Rs. 50/ - by way of compensation to the opposite party under Section 22 of the Cattle Trespass Act (hereinafter referred to as the Act).

(2.) THE Petitioners in this revision questioned only the legality of the compensation of Rs. 50/ - awarded under Section 22 of the Act in favour of the complainant, opposite party herein, and so it is not necessary for me to deal with the facts of the case.

(3.) MRS . Padhi, appearing for the Petitioners, cited a Bench decision in Shankerlal v. Ramashankar and Anr. : A.I.R. 1962 M.P. 273, wherein it is held that an order awarding a compensation under Section 22 is not an order of conviction nor is an order refusing to award compensation, one, of acquittal. That being so, the provisions in the Code of Criminal Procedure with regard to appeals against convictions and acquittals do not apply to an order under Section 22. Ramaswami J 's decision in Muruvan 's case was not cited before their Lordships in the above Shankerlal 's case. The decision in Muruvan 's case though of a Single Judge, was arrived at on an elaborate consideration and discussion of a large number of decisions of different High Courts and of views expressed in the standard and recognised texts on Code of Criminal Procedure. The view taken in this decision appeals to me and I accept the same.