( 1 ) THIS second appeal has been-filed by the plaintiff, who lost in both the Courts below. His appeal before the District Judge was dismissed summarily without notice to the respondent. It is directed against the order of Shri C. B. Kekre, district Judge, Chhindwara, arising out of the judgment and decree passed by Shri s. M. I. Alvi, Civil Judge, Class I, Balaghat.

( 2 ) THE plaintiff-appellant was a Sub-Inspector of Police at Tendu Kheda in charge of the Police Station House. He, along with some others, had been prosecuted for offences under Sections 304, 331 and 201 of' the Indian Penal Code, in the Court of Shri J. N. Dutta, Magistrate, First Class, with powers under Section 30 of the criminal procedure Code, who by judgment dated 7-7-1944, acquitted all the accused-honourably in criminal case No 54 of 1944. The matter was not taken up further by the prosecution against the said acquittal. The prosecution version was that the Sub-Inspector had been to the house of one gokal to carry, on investigation in connection with a theft alleged to have, been committed by the deceased Mozi. The charge in the said criminal case was that on the night of 7-2-1944, the deceas