Thulasidas, J.

These revisions have come before us on a reference made by the learned judge, who has observed that the question raised is of considerable importance and that two learned judges of this Court have taken seemingly conflicting views, which require to be resolved. On the complaints of the petitioners, two cases as C.C.Nos. 327 and 345 of 1985 of the Judicial First Class Magistrate Court, Manantoddy, were registered against the common respondents against whom cognizance was taken for an offence punishable under S.323 read with 34IPC, in respect of an incident that happened in the house and premises of the complainants - who are mother and son - on 25.10.1985 at about 8.30 A.M.. They and their witnesses gave evidence about the incident and the accused when questioned under S.313 Cr.P.C. stated that they went to the house to arrest Veeran, the complaintt in C.C.No. 345 of 1985 - the accused in Crime No. 320 of 1985 of Manantoddy Police Station - and since there was obstruction to arrest hi m, and he made an attempt to escape from custody, they had to use force to effect his arrest. They denied the incident as alleged and maintained that they had only sought to d