MAGNA Vs. STATE
LAWS(HPH)-1954-5-3
HIGH COURT OF HIMACHAL PRADESH
Decided on May 05,1954

MAGNA Appellant
VERSUS
STATE Respondents

JUDGEMENT

Ramabhadran, J. - (1.) Magna, petitioner 1, was prosecuted of offences punishable under Sections 224 and 353, I. P. C., and the remaining petitioners of offences under Sections 225 and 353, I. P. C., in the Court of the Magistrate second class, Churah. The trial Magistrate convicted petitioners 1 to 4 of the offences with which they had been charged. Petitioners 5 to 7 were acquitted of the charge under Section 353, I. P. C., but convicted under Section 225, I. P. C. They preferred an appeal to the learned District Magistrate of Chamba, who, however, rejected it. They have now come up in revision to this Court.
(2.) The prosecution case was that in pursuance of a warrant, Ex. P. A, issued by Sri Devendra Nath, Magistrate first class, Chamba, constables, Gulabu and Chuhru, proceeded to village Galwa and attempted to apprehend petitioner Magna. The petitioners, however, used criminal force against the constables and obstructed the lawful apprehension of Magna with the result that he could not be apprehended. The petitioners pleaded guilty to the trial Magistrate and produced no defence. Thus, as far as facts go, the prosecution story cannot be assailed.
(3.) Certain legal points have, however, been argued by the learned counsel for the petitioners.;


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