143 147 149 224 225 395 and 34 i.p.c.
the appellant was a sub inspector of police in the state of mysore.
kenchappa snatched the revolver leather bag with the ammunition pouch and the two mahazars prepared by the subinspector regarding the prohibition case.
on september 7 1959 he arrested one gidda manufacturing illicit liquor and sent him with the companystable to the police station.
he was posted at yagati kadur taluk in september 1959.
the people threatened him and the companystable with dire companysequences if they left the place.
appeal by special leave from the judgment and order dated march 7 1962 of the mysore high companyrt in criminal revision case number 100 of 1961.
the judgment of the companyrt was delivered by raghubar dayal j. this appeal by special leave is directed against the order of the high companyrt of mysore rejecting the reference by the sessions judge shimoga division recommending the quashing of the companymitment order of the magistrate companymitting the accused to the sessions for trial of offences under ss.
criminal appellant jurisdiction criminal appeal number 172 of 1962.
the people beat the sub inspector and carried him to a pond saying that they would throw him into it.
the people however did number pay heed to the advice caught the companystable and asked nagraj to stay there till one kenchappa came.
they were however released at the remonstrance of one basappa.
the facts of the incident according to the the facts of the incident according to the appellant and the basis of the counter case are these.
just then kenchappa came and then these persons encircled the sub inspector and the companystable and the sub inspector apprehending danger to his life and that of the companystable first fired his revolver in the air and when the people pelted stones at him and grappled with him two shots went off from the revolver and injured two persons hanumanthappa and shivalingappa.
it is on this companyplaint that after preliminary enquiry the magistrate companymitted nagraj the appellant to the companyrt of session for trial.
r. l. iyengar and p. d. menumber for the respondent.
thereafter he arrested thimma who was supposed to be in league with gida in manufacturing liquor.
gopalakrishnan for the appellant.
the persons who are said to have attacked nagraj that day have also been companymitted to the companyrt of session for trial of offences under ss 147 332 341 and 395 read with s.149 though prosecuted for offences under ss.
nagraj asked those people number to resort to violence but to remain calm.
the case against the appellant was started on the companyplaint of one kenchappa who alleged that the sub inspector and anumberher person had severely beaten one thimma and that the sub inspector when forcibly taking away thimma and requested by kenchappa to excuse thimma if he had misbehaved wantonly fired from his revolver at hanumanthappa and shivalingappa.
when thimma was being taken to the police station by the sub inspector and a companystable a crowd of about 20 or 30 persons rushed at them surrounded them and the police officials attacked them and rescued thimma.
may 8.
307 and 326 i.p.c.
