JAWANA Vs. CHHOGA

JUDGEMENT

(1.) THIS is an appeal by the complainant Jawana on leave granted under sec. 417, sub-sec. (3), Criminal P. C. against the order of the Munsiff Magistrate, Bhinmal dated 26th June, 1963, acquitting the respondents Chhoga and Ladha.

(2.) THE relevant facts may be stated as follows: - THE complainant - appellant Jawana filed a complaint against the respondents on 21st of June, 1961, in the court of First Class Magistrate, Bhinmal, under sec. 379, Indian Penal Code. THE allegations in the complaint were that the complainant took a loan of Rs. 1,300-/ from the accused Chhoga for purchasing a pair of bullock and executed a promissory note in his favour. That on Jeth sudi 4 of Smt. 2017 the accused-respondents went to the appellant and wanted to take away the jawar which was lying in his field. THE complainant did not permit them to take away the jawar and sent for the police Munshi for his help. THE accused went away on that day. THEy, however, went to the complainant's well on the next day and took away the complainant's pair of bullocks. On these facts, he prosecuted both the respondents of an offence under sec. 379, Indian Penal Code.