MOOL RAJ Vs. STATE

JUDGEMENT

(1.) THIS revision application is directed against an order of the learned Additional Sessions Judge, Jammu, dismissing the appeal of the accused who were convicted under section 24 of the Cattle Trespass Act by the Munsiff Magistrate First Class, Hiranagar.

(2.) THE case for the prosecution was that on 18th October, 1961 some cattle trespassed into the field belonging to the complainant. The complainant drove the cattle towards the cattle pound but on the way he was intercepted by the accused and the cattle were forcibly rescued. A complaint was lodged on the 24th of October, 1961 against the accused under Section 427 and 323 R. P. C, and section 24 of the Cattle Trespass Act. The accused pleaded alibi and denied having any knowledge of the occurrence. The prosecution has produced evidence to show that the cattle trespassed and caused damage to the field and that they were rescued by the accused when they were being driven by the complainant to the cattle pound. The trial Court acquitted the accused under section 427 and 323 R. P. Court convicted them under Section 24 of the Cattle Trespass Act and sentenced them to a fine of Rs. 15 each. On appeal the conviction and sentence were maintained by the learned Additional Sessions Judge.

(3.) IN this revision application it is argued on behalf of the petitioners that the Munsiff Magistrate had no jurisdiction to try this case in view of the fact that the offence under section 24 of the Cattle Trespass Act is triable by Panchayati Adalat under section 72 of the said Act. Section 72 of the Village Panchayat Act reads as under: -