JUDGMENT

King, J. - This is an appeal by the Local Government against the acquittal of one Shib Lal, who was convicted by a Magistrate of the First Class u/s 326, Penal Code, but was acquitted on appeal by the learned Sessions Judge. The facts of this case are practically undisputed. An extra amin named Karan Behari Lal went to the village of Nandgaon on 18th February 1932, for the purpose of collecting certain arrears of canal dues from Shib Lal and others. As he apprehended resistance, he took with him two constables, named, Pohap Singh and Manzur Ahmad, in addition to his peon, Kadir Bakhsh. On arrival at the village he was joined by Parshadi Lal, patwari, and Ajairam, the mukhia of the village and another man. In all there were seven persons of the amin's party including himself. When the party reached Shib Lal's house the amin sent for Shib Lal and. showed him. the warrant of attachment, and demanded payment of the arrears, due. Shib Lal refused to pay and also stated that he would not allow his property to be attached. Thereupon the amin ordered the attachment of Shib Lal's buffalo. The amin's peon and Pohab Singh, constable, advanced to seize the buffalo. Then Shib Lal and. s