Choudhary, J.

1. These two second appeals are by defendant 1 & arise out of a suit instituted by the plaintiffs-respondents for damages for malicious prosecution: The facts leading to the institution of the above suit, stated shortly, are these: There was one Pri-thvi Singh resident of village Sonepey in Jamui sub-division. In the early morning of 22-6-1946, he was found murdered near the Kiul river nearly half way between Jamui and Sonepey. The appellant told the chaukidar Bandhu Du-sadh, who was made defendant 5 in the suit, that he had accompanied Prithvi Singh who was going to Jamui and while they reached the place where the dead body of Prithvi Singh was found, the three plaintiffs along with other persons came there and attacked him, and Nageshar, plaintiff 1, gave him a bhala blow as a result of which he died then and there. He clearly stated to the chaukidar that all these things happened in his presence. The chaukidar, accordingly, lodged an information at the police station and stated all that he had heard from the appellant. As a result of this information, the plaintiffs along with other persons were arrested. As there was a direct allegation against the plainti