HARIPADA SAHU Vs. RAMCHANDRA TRIPATHY

JUDGEMENT

(1.) This second appeal by defendant No. 1 arises out of a suit for damages for malicious prosecution; which has been decreed by the Courts below. The plaintiffs-respondents claimed Rs. 500/- by way of damages. The Courts have granted him a decree for Rs. 300/- only.

(2.) The facts are these :- Krishna Chandra Sahu, father of defendant No. 1, was killed in the night of the 2nd of November, 1954, Defendant No. 1 lodged a first information report before the police for prosecution of the respondents on the allegation that, when attacked, his father cried for help and defendant No. 1 rushed to the place of occurrence, and that he found the plaintiffs running away. It was further alleged that his father cried out that the Tripathies, namely, the plaintiffs, were killing him. Defendant No. 1 further stated that he had identified the accused by the light of the torch he carried with him. The plaintiffs were tried by the Additional Sessions Judge of Jamshedpur, and were eventually acquitted of the charge of murder on the 12th of October, 1955. Thereafter they filed the present suit for damages on the ground that defendant No. 1 instituted the criminal case against them out of malice and without reasonable and probable cause.

(3.) There is no appearance on behalf of the respondents.