King-Emperor vs Ayya Annasamy Aiyar and Others

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.

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

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

The fines, if paid, will be refunded.