Pandalai, J.

1. Four persons were accused before the Stationary Sub-Magistrate of Amalapur for offences under Sections 424 and 379, I.P.C. The facts alleged against them ware that in execution, of a decree obtained by P.W. 2 against one P. Subbaraju, since deceased, the decree-holder accompanied by an amin of the Munsiffs Court P.W. 1 went to attach cattle belonging to the estate of the deceased, and that after the amin had attached one cow, a calf and a she-buffalo, the accused drove them away. The Stationary Sub-Magistrate examined witnesses including P.W. 1 the Court amin, P.W. 2 the decree-holder and P. Ws. 3, 4 and 5 attestors to the attachment list. The Stationary Sub-Magistrate discharged the accused under Section 253 (1) on the ground that the proceedings conducted by the amin P.W. 1 did not in law amount to actual attachment. He says:

He (the amin) did not know what he had to do when he attached the property and so in the cross-examination he merely stated the be did nothing beyond notifying the distraint and writing up the attachment list. The omission was noticed by the counsel for the complainant and all the P. Ws. 2 to 4 that came afterwards on subsequent dates were