Decided on November 21,1952



Ramaswami, J. - (1.) These are appeals against acquittal preferred by the Public Prosecutor in C. C. No. 2957 of 1949 and 990 of 1949 on the file of the Stationary Sub-Magistrate, Cuddalore.
(2.) Both the appeals relate to the same transactions and the facts are fully set out in C. C. No. 2857 of 1949 and dealt with below.
(3.) The facts are: The District Magistrate of South Arcot had promulgated on 17-71948 an order of detention under Section 2(1)(A), Madras Maintenance of Public Order Act against Chottu 'alias' Vasudeva (See Ex. P. 1). On the night of 26-111943 at about 8-15 p.m. P. W. 2, Head Constable No. 811 attached to the N.V. Pattu outpost, got information that this Chottu 'alias' Vasudeva was in the house of Subramanian (accused 2) in East Chetti Street in N. V. Pattu and proceeded there accompanied by P. Ws. 3, 4 and 5. This party was also accompanied by some of the villagers including P. W. 6. On reaching the house, P. W. 2 found there accused 2 & 6 & questioned them about the presence of this Vasudeva and not being satisfied with the reply, P. Ws. 2 and 3 got into the house and found the said Vasudeva in the northern room and he was pulled towards the street door assisted by P. Ws. 4 and 5. Accused 2 and 6 protested and obstructed and the womenfolk raised an alarm and a crowd of 20 to 30 people gathered and they sided with the accused persons. In the course of this, this Chottu 'alias' Vasudeva is stated to have made good his escape. On seeing this the people who obstructed also ran away. Only accused 2 was caught and taken to the Police station and a special report was given to the Circle Inspector by P. W. 2. Then a charge-sheet was laid against eight persons for obstruction and resistance to a public servant in the discharge of his duties and rescuing a person from lawful detention, offences under Sections 353 and 225-B, I. P. C.;

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