STATE Vs. RAMA

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of Rama by the Sub- divisional Magistrate Ballabhnagar.

(2.) The case for the prosecution was briefly this.

(3.) Ghisulal, Sales Ameen, accompanied by a number of persons, went to village Ratnapur-ki-Sarai, in order to effect attachment of the property of Kalu and Bhura against whom a decree for Rs. 131/11/- was in execution. On arrival at the village, a buffalo with its calf was pointed out to the Sales-Amin, and it was attached. Thereafter, the attached cattle were entrusted to Daulatram. The Amin along with those who were with him, as well as Daulatram then left the place with the cattle. They had gone a short distance when Rama accused, who is the younger brother of the judgment-debtors arrived armed with a lathi. He hit the buffalo with the lathi and snatched the rope, with which Daulatram was leading the buffalo, from his hands. He also snatched the rope of the calf which was in the hand of another person with the result that the two animals ran away. He then left the place. The matter was first reported to the Court, and from there the report was sent to the Thana for investigation. The incident took place on 26-4-1953, and the report reached the Thana on the 2nd of May. Thereafter, the accused was prosecuted after investigation.