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King-emperor Vs. Ayya Annasamy Aiyar and Nine ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad624
AppellantKing-emperor
RespondentAyya Annasamy Aiyar and Nine ors.
Excerpt:
indian penal code - act xlv of 1860, section 143--unlawful assembly--defence by accused persons of property in their possession. - - the complainant endeavoured to take possession of the paddy forcibly with his servants and the acts complained of were done by the first accused and the petitioners in resisting this attempt to take possession and in maintaining the possession of the first accused......the first accused's possession and stated that he would be held responsible for all damage. the sabha only authorized the complainant to endeavour to remove the paddy peaceably and if he met with any resistance directed him to resort to a civil court. the complainant endeavoured to take possession of the paddy forcibly with his servants and the acts complained of were done by the first accused and the petitioners in resisting this attempt to take possession and in maintaining the possession of the first accused.2. in the circumstances no offence was committed and the petitioners and the first accused should have been acquitted.3. we set aside the convictions and acquit and discharge all the petitioners.4. the fines, if paid, will be refunded.
Judgment:

1. The First-class Sub-Divisional Magistrate found that the petitioners all acted in accordance with the directions of the first accused. He found that, before and at the time of the alleged offences, the first accused was in possession of the receptacle containing the paddy contributions and had appointed his own watchmen, two of whom are amongst the petitioners, and that the complainant had sent a notice to the first accused, whereby he acknowledged the first accused's possession and stated that he would be held responsible for all damage. The Sabha only authorized the complainant to endeavour to remove the paddy peaceably and if he met with any resistance directed him to resort to a Civil Court. The complainant endeavoured to take possession of the paddy forcibly with his servants and the acts complained of were done by the first accused and the petitioners in resisting this attempt to take possession and in maintaining the possession of the first accused.

2. In the circumstances no offence was committed and the petitioners and the first accused should have been acquitted.

3. We set aside the convictions and acquit and discharge all the petitioners.

4. The fines, if paid, will be refunded.


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