Eventually a report was lodged with the police, investigation was taken up and the appellants and the other accused were placed before a First Class Magistrate, who, after making a preliminary enquiry, companymitted them for trial by the Court of Sessions.
This, however, only enraged the appellants who raised shouts asking their friends to companye along with lathis in order to help them to get the cattle released by force.
The party reached the neigbourhood of Mori Gate Chowk at about 5 a.m. and rounded up about 25 ,or 30 stray cattle companysisting of buffaloes and companys.
Appeal by special leave from the judgment and order dated November 19, 1962, of the Punjab High Court Circuit Bench at Delhi in Criminal Revision No.
Upon hearing the shouts the other accused persons arrived at the spot with lathis, joined the appellants and all of them assaulted the members of the party, caused injuries to them and got the cattle released by force.
Briefly stated the prosecution case was that on September 16, 1961, Mukhtiar Singh, Licensing Inspector of the Delhi Municipal Corporation organised a raiding party for catching stray cattle within the limits of the Corporation.
As a result of the assault, W. 2 Kishan Singh sustained a grievous injury as well as some simple injuries, P.W. 14 Khem, P.W. 20 Padam Singh, W. 10 Iqbal Singh, P.W. 19 Nil Bahadur, P.W. 12 Ram Mehar sustained simple injuries.
The party companysisted of Balbir Singh, Enforcement Inspector, H. Bhanot, Sanitary Inspector, Kishan Singh, Head Constable, three foot companystables and five cattle catchers.
The Judgment of the Court was delivered by Mudholkar J. This is an appeal by special leave from the summary dismissal of the appellants application for revision by the High Court of Punjab.
Eight persons were tried by the Assistant Sessions Judge, Delhi, for offences under s. 148, S. 333/149, and s. 332/149, Indian Penal Code.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The incident was seen by a number of persons who happened to companye to the spot at that time.
In appeal the Additional Sessions Judge, Delhi, set aside the companyvictions and sentences passed on the appellants for offences under S. 148 and S. 333/149, altered the companyviction of each of the appellants from one under S. 332/149 to S. 322 simpliciter and awarded the same sentence in respect of it as had been awarded by the Assistant Sessions Judge in respect of the offence under s. 332/149.
24 of 1963.
They explained to them that it was their duty to catch stray cattle, to impound them and that the appellants companyld get them released by taking the steps provided by the rules.
337 D of 1962.
R. Khanna and R. N. Sachthey, for the respondent.
He acquitted five of them but companyvicted the three appellants before us of all the three offences and sentenced them to undergo rigorous imprisonment for one year in respect of the offence under S. 148, rigorous imprisonment for two years in respect of the offence under S. 332/149, rigorous imprisonment for three years for the offence under S. 333/149 and ordered that all the sentences will run companycurrently.
L. Kohli, for the appellants.
While they were taking them to the Nigambodh Ghat cattle pound via Nicholson Road, the three appellants who were carrying lathis with them approached the party and threatened them that unless they released the cattle they would have to face serious companysequences.
The members of the party informed them who they were and the cattle catcbers showed them their identity cards.
