JUDGMENT

Ryves, J. - On the 13th June 1919 Mathra, the complainant, made a report at the Police station in which he charged three persons with simple assault. On the 16th June he filed a complaint in Court, in which he stated that the three persons whom he had already named at the Police station together with the applicant in the present case and a large number of their servants had attacked the complainant, had forcibly taken away his ox and begun to beat him and when the complainant's aunt came to rescue him, they beat her and stole her ornaments and decamped with the ox and the ornaments.

2. The charge which was originally against three persons only of simple assault had grown into a full fledged dacoity against a large number. When the matter same up for enquiry before the learned Magistrate, he proceeded to examine the complainant Mathra and then recorded the following order: "In the first report complainant named only a very few persons and as the Police had not challenged, it was for them to adduce evidence. I have examined Mathra complainant and I have noticed his aversion to state facts against accused. The parties have colluded and it would be futile to proceed with the tri