SUBBARAYA PILLAI Vs. KRISHNASWAMI PILLAI

JUDGEMENT

(1.) The petitioner filed a complaint against the counter-petitioner (who was the 3rd accused) and others charging them under Section 426 of the Indian Penal Code with having intentionally driven their cattle into, and thrashed before the produce was harvested, the crops on his field. The Stationary Magistrate of Nannilam convicted the accused and sentenced them to pay a fine of Rs. 10 each.

(2.) On appeal the Sub-Divisional Magistrate reversed the conviction on the ground that the 3rd accused thought that he had a perfectly genuine claim to the land and the crops. Reading the judgment as a whole, there can be little doubt that he agreed with the Stationary Magistrate in thinking that mischief was caused. His finding that there was malice can only be reconciled with the view that he found that mischief was caused.

(3.) A revision petition was filed by the present petitioner (Criminal Revision Case No. 475 of 1913) against the order of the Sub-Divisional Magistrate, and the Honourable Mr. Justice Sadasiva Aiyar set aside the acquittal and directed a re-hearing. His Lordship observed as follows: The Sub-Divisional Magistrate admits that the action was" no doubt actuated by malice. This means, I take it, that accused wanted to injure prosecution witnesses Nos. 1 and 2 and as such injury will be wrongful damage * * * the accused were guilty of mischief." The Sub-Divisional Magistrate was ordered to re-hear the appeal with reference to the observations made in the order.