RAMDULAREY Vs. MANOHAR

JUDGEMENT

(1.) MOHIUDDIN , A.J.C. 1. The applicant Ramdularey was convicted under Section 22, Cattle Trespass Act, by Mr. C.F. Cleophas, Magistrate, Second Class, Bilaspur, and was ordered to pay Rs. 140-13-0 as compensation. He filed an appeal in the Court of District Magistrate, Bilaspur, who reduced the compensation, for the loss caused by the seizure or detention from Rs. 70-6-6 to Rs. 20 and ordered that: in default of these payments, the accused, shall suffer simple imprisonment foe one month.

(2.) THE only ground pressed by the learned pleader for the applicant runs as follows: The lower appellate Court erred in allowing under S, 22, Cattle Trespass Act, compensation Rs. 20 to the complainant in the absence of any loss alleged or proved.

(3.) THE use of the word "fine" in para. 3 of the judgment of the lower appellate Court is also wrong. No fine can be imposed under Section 22, Cattle Trespass Act, and a Magistrate can only award compensation for illegal seizure of cattle. The learned District Magistrate has also passed the following order: In default of these payments, the accused shall suffer simple imprisonment for one month.