High Court Madras High Court

The State (Executive Officer) vs Sellappa Gounder And Anr. on 17 August, 1961

Madras High Court
The State (Executive Officer) vs Sellappa Gounder And Anr. on 17 August, 1961
Equivalent citations: (1962) 2 MLJ 98
Author: Veeraswami


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.