THE STATE (EXECUTIVE OFFICER) Vs. SELLAPPA GOUNDER AND ANR.

JUDGEMENT

(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.