SINGH, J. :- This is an appeal by the defendants in a suit for malicious prosecution.

2. The plaintiff Umashankar Pathak is an Advocate practising at Panna and a Jansangh leader. Towards the end of December, 1964, the Jansangh had started a sort of agitation on the question of food scarcity in Panna District and in that connection a Jansangh worker Badriprasad

(P. W. 9) was on hunger strike in front of the Collectorate, Panna. The building of the Collectorate also accommodates the Court of the Civil Judge. The defendant Girja Prasad is a Sub-Inspector and he was on duty in the Collectorate on January 2, 1965, to control the crowd which had gathered there in support of the agitation. At about 4-30 p. m. on that date there was an incident in which some revolver shots were fired or accidentally got fired from the revolver of Girja Prasad and one Sunder Singh (P. W. 7) was injured as a result of it. On that very date a first information report (Ex. P-37) was lodged by Girja Prasad in which it was said that he was assaulted by some persons from the crowd and his watch was santched. It was also said that while he was grappling with the person assaulting him his revolver got fired