CHELLI LATCHANNA Vs. EMPEROR

JUDGEMENT

(1.) This is a petition for revision of orders passed by the Courts below convicting the J petitioners of an offence under Section 424, Indian Penal Code, and sentencing each of them to three months rigorous imprisonment.

(2.) The charge against the petitioners was that they had fraudulently removed a pair of buffaloes which had been attached in execution of a decree in a rent suit. The petitioners pleaded not guilty and alleged that the story had been concocted by the Village Magistrate and that they had been falsely implicated out of enmity.

(3.) The trial Magistrate held that the accused had rescued these buffaloes which had been attached and further held that the attachment of the animals was perfectly lawful. The removal, therefore, was an offence under Section 424, Penal Code. The petitioners appealed, and a learned Appellate Magistrate affirmed the conviction and sentences.,