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The State (Executive Officer) Vs. Sellappa Gounder and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Reported in(1962)2MLJ98
AppellantThe State (Executive Officer)
RespondentSellappa Gounder and anr.
Excerpt:
- veeraswami, j.1. this appeal should be dismissed on a short ground. the respondents who were charged for an offence under section 119 of the madras village panchayats act, 1950, were acquitted of the offence. the case against them was; that they obstructed or molested p.w. 1 by beating and shoeing him in the course of discharging his duty. p.w. 1 is only the employee of p.w. 2. it is p.w. 2 who has. entered into a contract with the panchayat in regard to the right to collect cart tolls. p.w. 1 is neither a person who is employed by the panchayat nor a person with whom the panchayat has entered into a contract. that being the case, the offence, whatever else it may be, is certainly not within the ambit of section 119 of the act.
Judgment:

Veeraswami, J.

1. This appeal should be dismissed on a short ground. The respondents who were charged for an offence under Section 119 of the Madras Village Panchayats Act, 1950, were acquitted of the offence. The case against them was; that they obstructed or molested P.W. 1 by beating and shoeing him in the course of discharging his duty. P.W. 1 is only the employee of P.W. 2. It is P.W. 2 who has. entered into a contract with the Panchayat in regard to the right to collect cart tolls. P.W. 1 is neither a person who is employed by the Panchayat nor a person with whom the Panchayat has entered into a contract. That being the case, the offence, whatever else it may be, is certainly not within the ambit of Section 119 of the Act.


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