Allahabad Court April 1960 Judgments

Moola Singh Vs. Surendra Singh and ors.

Court: Allahabad

Reported in: AIR1960All656; 1960CriLJ1388

J.N. Takru, J.1. This is a complainant's appeal, by special leave, against an appellate order of acquittal passed by the First Assistant Sessions Judge of Saharanpur. The circumstances under which it arises are as follows : Mula Singh, the appellant, filed a com-plaint against Surendra Singh, Bhopal Singh, Bhagwan Singh and Harbhan Singh, the respondents, alleging that on the evening of the 22nd August 1958 the latter demolished the Gul (water-course) of Kulaba No. 7 Canal Minor Nalhera which passed through their plot No. 265 in village Chapperh and irrigated the appellant's field and they thus committed an offence punishable under Section 70(1) of the Northern India Canal and Drainage Act (Act No. VIII of 1873), hereinafter referred to as the Act.2. All the respondents denied the appellant's case and attributed their false implication to enmity on account of some election disputes. They examined three witnesses in their defence.3. The trial court on an appraisal of the evidence led by...