DOMAN YADAV Vs. MANIK CHAND YADAV

JUDGEMENT

(1.) This appeal has been filed under the provisions of Section 417(3) of the Code of Criminal Procedure, because all the eleven respondents who were tried for charges under Sections 147, 148 and 426 of the Indian Penal Code were acquitted by the Munsif Magistrate, 1st class, Gaya, on the 3rd March, 1966. The following facts leading to the, present appeal may be summarised as under.

(2.) In village Gangti, about nine miles away from police station Shergatty in the district of Gaya, lies plot No. 222 which was adjacent to the house of the appellant. In the plot, the appellant had grown vegetables as well as creepers of Kakari and Tarbuja and the plot had been fenced. On 10 -6 -1963 at about 8 A.M. it is alleged that all the respondent variously armed with Garansa, Bhala, Khanti, Lathi, etc. went there and started demolishing the fencing and Damaging vegetables and the creepers. When a protest was made by the appellant, the respondents assaulted him and thereafter respondent No. 2 and others began beating on the roof of the cowshed. Thereafter on the order of the respondent No. 1 (Manik Chand Yadav) respondent No. 4 (Saudagar Yadav) set fire to the cow -shed of the appellant and the result was that the thatch of the cow -shed was burnt. On hulla, the other P.Ws. of the case appeared and extinguished the fire and they also made protests to the respondents not to indulge in high -handedness. The appellant then went to the police -station and lodged the first information report. The police after investigating the case submitted a final report to the effect "True but accusation doubtful". The appellant then filed a protest petition before the Sub -divisional Magistrate, Gaya, who called for a charge -sheet from the police after perusing some connected records. The police, ultimately, submitted charge -sheet against the respondents under Sections 436, 426, 148 and 147 of the Indian Penal Code. The respondents then preferred a revision application No. 340 of 1963 against the order of the learned Magistrate calling for the charge -sheet, but the same was dismissed by the Sessions Judge of Gaya. Thereafter a commitment proceeding was started. The learned committing Magistrate found that there was no substantial material on the record to make out a prima facia case under Section 436 of the Indian Penal Code; so he directed that the case should be tried by the Magistrate only under Sections 426, 147 and 148 of the Indian Penal Code. The trial proceeded against the respondents under these sections and as stated before they were acquitted.

(3.) The appellant, thereafter, filed a special leave application (no. 83 of 1966) and the permission was granted. Thereafter this appeal was filed.