( 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 Sri C. B. Kekre, District Judge, Chhindwara, arising out of the judgment and decree passed by Sri 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, Indian Penal Code in the Court of Sri J. N. Dutta, Magistrate, First Class, with powers under Section 30, Criminal Procedure Code, who by judgment dated 7 July 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 connexion 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 February 1944, the deceased Mozi was tr