A police officer directed to execute a warrant outside the local limits of the jurisdiction of the court issuing the same must obtain an endorsement from a Magistrate or police officer within the local limits of whose jurisdiction the warrant is to be executed.

L. N. CHHANGANI, J.

( 1 ) THE four appellants before me, Devisingh, Sure, Ramsingh and Bhagi, Gujars, residents of Atraj-ka-pura, Tehsil Bari, District Dholpur, were tried by the additional Sessions Judge, Dholpur, for offences under Sections 147, 224, 307, 332 read with Section 149, Indian Penal Code. The Additional Sessions Judge convicted Devisingh and Sure under Section 224 and Ramsingh and Bhogi under section 225, Indian Penal Code and sentenced each one of them to a fine of Rs. 600/- and, in default, rigorous imprisonment for six months. They were acquitted of all other offences.

( 2 ) THE prosecution case was that one Chabraj Gujar PW/11 of Nayagaon, Madhya pradesh, filed a complaint against Devisingh and Sure in the Court of Additional district Magistrate, Gwalior accusing them of an offence under Section 363. Indian penal Code. According to him, his wife Mst. Gore and daughter were kidnapped or abducted by these persons and were being kept in wrongful confinement. The additional District Magistrate passed an order on 11-10-60 directing the issue of bailable warrants of arrests in the amount of Rs. 250/- each for the arrest of Devisingh and Sure. He also directed issue of a search warrant under Section 100, criminal Procedure Code, for the arrest and production of Mst. Gore. These warrants were endorsed to the Police Officer in-charge of the Police Station, panihar (Madhya Pradesh ). According to prosecution, Chabraj took these warrants to the Police Station, Panihar. The Police Station, Panihar endorsed them to the police Officer, incharge of Police Station, Bari in Rajasthan. After receipt of the warrants at Police Station, Bari, Bhagwansingh PW/8 along with some police constables and certain police officials of the Rajasthan Armed Constabulary left the police Station for executing the warrants. They reached Atraj-ka-pura at about 12 in the night. Bhagwansingh, the prosecution further alleged, arrested Devisingh and Sure and also Mst. Gore. It may be mentioned here that the Police Station, Bari had about one year before the incident, received a tehrir from Police Station, Madrail for the arrest of Heera. Heera also happened to be available at that time and he was also arrested. Devisingh, Sure and Gore asked Bhagwansingh and other police officials to release them and failing to secure the release they cried for help when some 20 to 25 villagers of Atraj-ka-pura armed with lathies appeared on the scene and assaulted Bhagwansingh and other police officials. According to prosecution there was some firing also on the side of the villagers and the police had also opened fire in defence of which accused Devisingh is alleged to have been injured during the incident. The two appellants Sure and Devisingh thus managed to secure their release from the police custody. A report of the incident was made at the Police station, Bari and after investigation, the four appellants were challenged and eventually committed for trial to the court of Additional Sessions Judge. At the trial, the prosecution examined twelve witnesses. The warrants of arrests as also the warrant for search could not be produced because, according to prosecution, they were taken away by the villagers.

( 3 ) THE accused pleaded not guilty. The appellant Devisingh admitted his presence in the village at the time of the incident but he came forward with a counter version. According to him, the police officials had gone to the village Atraj-ka-pura to commit a dacoity. He was then sleeping in his room and was awakened and was enquired as to where the house of Roshan Seth was. He replied that he (Roshan seth) had gone to Bari. Thereupon, he was slapped. He then fled away fearing that he would be killed. There was a cry in the village that dacoits had arrived in the village. Thereafter the dacoits, that is, police officials fired at the villagers. A gun was fired at him and he was injured and fell down. The Police Officials then fled away. He was then tak