RAHASA RAUL Vs. BIRANCHI NARAYAN PRADHAN

JUDGEMENT

(1.) THIS revision is directed against an order made under Section 22 of the Cattle Trespass Act by the Sub -divisional Magistrate, Angul.

(2.) THE complainant alleged that on 24.10.1970, his brother Dhaneswar filed a criminal case against the petitioner and other and coming to know of such prosecution, the accused persons (petitioner and others) forcibly drove away sixty heads of cattle of the complainant from the pasture ground of the village and impounded them in the kine house. On receipt of this information, the complainant went and verified that no crop of the accused persons had at all been damaged by his cattle. He released the cattle from the kine house on payment of impounding fee of Rs. 180/ - and obtained proper receipt for the payment of the impounding fee. On 26.10.1970, he filed the complaint against the accused persons. Four persons were originally proceeded against, but in regard to two of them composition was accepted and the case was allowed to proceed against the other two accused persons including the present petitioner.

(3.) THE prosecution examined 3 witnesses in support of its case including the complainant. The defence also examined 2 witnesses to support the defence plea.