GOKUL Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision against an order of a Magistrate of the First Class of Cawnpore made under Section 133 of the Criminal Procedure Code, which was upheld by the learned Sessions Judge.

(2.) A katcha public road takes off from the Grand Trunk Road near the village of Sachendi and passes through it. At this part there are houses on both sides of the road.

(3.) Outside the house of Ajudhia Prasad and Gokul there is an ancient tamarind tree, one branch of which overhangs the road and forms an arch over it, and the end of the branch almost rests on some houses on the other side, which, however, are described as in ruins and unoccupied. It is an old tree and has stood firm for very many years and has not caused any inconvenience or apprehension of danger to anybody.