MUNICIPAL COMMITTEE, SHAHABAD Vs. PHARAYA LAL

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure against the order dated the 11th of March, 1971, passed by Shri D.D. Yadav, Judicial Magistrate 1st Class, Karnal, acquitting the four respondents of offences under Section 506 and 427 of the Indian Penal Code.

(2.) The allegations made by the prosecution against the four respondents may be stated thus. On the 21st of January, 1969, Gurcharan Singh (P.W. 1) working as a contractor for the Municipal Committee, Shahabad, constructed a drain in a street on which the houses of Kartar Singh and Faqiria respondents abut. Hans Raj (P.W. 2) and Brij Lal (P.W. 3) who are scavengers in the employ of the Municipal Committee were disputed by it to keep a watch for the night over the newly constructed drain. At about mid night the four respondents demolished the drain with kassis and gaintis and caused the two scavengers to run away on pain of death.

(3.) On the evidence the learned trial Magistrate arrived at the findings given below :-