IMAM ALI Vs. EMPEROR

JUDGEMENT

(1.) This is a Reference by the Sessions Judge of Brada recommending that the order of the Magistrate for the prosecution of the applicants under Section 193, Indian Penal Code, be quashed.

(2.) The applicants are two Civil Court process servers and, witnesses, who had been sent out with a warrant of arrest against Mahant Ram Kishen Das, who was a judgment-debtor in certain execution proceedings. On the 5 of March, the applicants stated that, they went to the Railway Station Bahitpurwa and found the judgment-debtor there; the warrant was shown to him; and he was arrested. A Police Constable was also in attendance, and the judgment-debtor was asked to give in writing to the Constable a written note to the effect that he had been served. He did sign a paper, Later on the judgment debtor taking a spear from his servant asked the Constable to give back the paper to him which was returned. On this he tore the paper into pieces aid threw then away, and then road a way from the station. The process servers picked up this paper which was all torn to pieces and the servant of the decree-holder sent a telegram to the decree-holder at Karwi stating that the judgment-debtor lad been arrested but had gone away. On the 6th of March the process servers made a report in which they set forth their version of the occurrence and also alleged that at that time the Station Master the Assistant Station Master, the Constable and the other accused were present. The judgment debtor was accordingly prosecuted, but was ultimately acquitted by Mr. Desai.

(3.) The judgment under which the judgment-debtor was acquitted shows that altogether eight witness were examined on behalf of the prosecution, six of whom substantially supported the prosecution story. The Station Master and the Assistant Station Master, who were examined on behalf of the prosecution and also were cross-examined as hostile witnesses, stated that they knew nothing of the occurrence and that within their knowledge no such occurrence took place. Taking all the points into consideration, and particularly the extremely unreliable character of the evidence, the material contradiction in the statement of some of the prosecution witnesses, and a total denial of any knowledge by the two witnesses above named, as well as the non-production of the Constable the learned Magistrate was convinced that the case was a (sic). He accordingly acquitted the accused. He did at once order proceedings under Section 476 against the process servers, but submitted a copy of the judgment to the District Magistrate. Later on he started proceedings under Section 476.