L. N. CHHANGANI, J.

( 1 ) THIS is an appeal by the Municipal Council, Ganganagar, on leave granted under section 417, Sub-section (3), Criminal P. C. , and is directed against the appellate order of the Sessions Judge, Ganganagar, dated 23rd of February 1963, by which he accepted the respondent Ravatrams appeal, set aside his conviction under section 203 of the Rajasthan Municipalities Act, 1959 (hereinafter to be referred as the Act) and acquitted him of the offence.

( 2 ) THE facts leading to the appeal are not in controversy and lie in a very narrow compass. On behalf of the Municipal Council, Ganganagar, a complaint dated 2nd november 1961, was presented in the Court of Sub-Divisional Magistrate, ganganagar, for respondents prosecution under. Section 203 of the Act. It was alleged that the respondent made an encroachment by constructing a room and a compound wall around the room in Harijan Colony Ward No. 18. It was further stated in the complaint that the respondent had been previously prosecuted in the court of Sub-Divisional Magistrate and was fined Rs. 20/-on 25th May 1959. This complaint was transferred to the Court of Tehsildar and Magistrate Second Class, ganga