SANATAN SAHU Vs. KALI SAHU

JUDGEMENT

(1.) THIS is an appeal by the defendant against the appellate judgment of the subordinate Judge, Berhampur reversing the judgment of the Munsif of Aska, and decreeing the plaintiff's suit for damages for malicious prosecution.

(2.) THE defendant, and the plaintiff are neighbours residing in village Serankuda, P. S. Patpar, but they have been on terms of enmity for several years. On 10-7-1959 defendant lodged information, at Patpur P. S. at 10 a. m. alleging that on the previous day (9-7-1959) at about noon the plaintiff set fire to the thatched portion of his house. The allegations in the F. I. R. are cot quite clear as to whether the defendant had actually seen the plaintiff setting fire to his house. There he says that he saw the plaintiff fleeing away, when the house was on fire, holding a glass and match box in his hand. The relevant passage in the F. I. R. reads as follows: "kali Sahu Hatera Gotia Rasa Glass' Nia Pidi thila. " this may mean that he only saw the plaintiff hurrying away with a glass and match box when the house was already on fire and that he inferred that he had set the thatch on fire. In his evidence in Court the defendant clearly stated that he did not actually see the plaintiff setting fire to the thatch of his house but saw him going away with a glass and a match box.

(3.) ON the basis of the information lodged by the defendant the plaintiff was arrested by the Police, kept in custody at the thana and produced before a First class Magistrate of Aska on 12-7-1959. He was remanded to the jail custody till 14-7-59. On that day his bail was opposed by the Court Sub-Inspector and the evidence of the plaintiff shows that the defendant took a prominent part in opposing bail. The learned Magistrate declined to grant bail. Subsequently on 187-59 when the police submitted final report the plaintiff was released from custody forthwith. Thus the plaintiff was in judicial custody from 12-7-1959 till 18-7-1959 and was also in thana lock up for a day. The plaintiff alleged that the entire allegations against him were false and malicious made on account of enmity.