JUDGMENT - The original complainant has moved this Court for accused Janardhan was acquitted in an appeal by the Second Extra Additional Sessions Judge, Nagpur, reversing the conviction recorded by the Judicial Magistrate, First Class, Nagpur, holding the accused guilty under section 447 of the Indian Penal Code and further punishing him with a fine of Rs. 75.

2. The facts in this case are really in a narrow compass. It is properly proved by the complainant that on April 22, 1968, the accused entered the premises where he used to tether his cow and took that cow to cattle-pound and this amounted to trespass within the meaning of section 441, Indian Penal Code. To support his case, the complainant examined himself as C. W. 1. He states that his house is facing north and in front of his shop there is a space where he tethers his cow. He claims that property to be in his possession exclusively and as ancestral property. On April 22, 1968, he was sitting in the shop. The accused and his cousin Yeshwant came to the site where the cow was tethered, untied the cow and began to take it to the cattle-pound. He protested and tried to prevent them whereupon the accused said that as the witnes

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