TMI Blog1969 (10) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... Ram. Hari Ram and Poonaram got themselves examined by the Civil Assistant Surgeon of the city and the injury report was submitted alongwith the complaint. The learned Magistrate acquitted the accused. Hari Ram filed an application under s. 417(3) of the Criminal Procedure Code for leave to appeal against the order of the Magistrate. Leave was granted by the High Court, and thereupon Hari Ram filed the appeal. The High Court accepted the appeal and convicted the appellant, Lala Ram, under s. 324, I.P.C., and sentenced him to four months' rigorous imprisonment. The attention of the High Court was not drawn to the Probation of Offenders Act, 1958, during the hearing of the a peal but subsequent to the delivery of the judgment an applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on L5SupCI/70-12 an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (4) No application under sub-section (3) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days-from the date of that order of acquittal...... It is contended that the period of 60 days mentioned in s.417(4) is not a period of limitation within the meaning of s.12(2) of the Limitation Act. Section 12(2) of the Limitation Act reads as follows : 12(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approved the judgment of the Full Bench of the Bombay High Court in Anjanabai v. Yashwantrao Dauletrao Dudhe( I.L.R. [1961]Bom.135,'137.). The Full Bench of the Bombay High Court had observed in Anjanabai's case Sub-section (4) prescribes a period of limitation for such an application. It states that no such application shall be entertained by the High Court after the expiry of sixty days from the date of the order of acquittal. This period of limitation is prescribed not for all appeals under the Criminal Procedure Code, or even for all appeals from the orders of acquittal. It is prescribed only for applications for special leave to appeal from orders of acquittal. It is therefore a special provision for a special subject and is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel then contends that the High Court should not have interfered with the order of acquittal passed by the Magistrate. He has taken us through the evidence of Poonaram who was injured and the statement of P.W. 3, Ananda, who was present and who seems to be an independent witness. We agree with the High Court that the Magistrate was not entitled to reject the evidence of the eye-witnessess. No reason has been shown to us why we should interfere with the finding of fact arrived at by the High Court. The learned counsel further contends that no offence was committed because the accused had a right of private defence of property. Assuming that he had a right of private defence of property he had ample opportunity of having recourse to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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