Hemeon—The applicant Punjaji prosecuted the non-applicants Maroti and Ganpat under section 427 of the Indian Penal Code in the Court of the Second Class Magistrate, Morsi, but they were acquitted and he has now come up in revision to this Court.

2. The parties all reside in Ner Pingalai, Morsi taluq, Amravati district, and his case was, briefly stated, to the effect that as a result of destruction by the non-applicants of a drain on the 10th May 1949 which used to carry water to his field, his crop of chilies dried up and he was thereby put to a loss of about Rs. 200. The non-applicants asserted, on the other hand, that no drain had been damaged, Punjaji's drain was in existence and that no loss had accrued to him. The non-applicant Ganpat also declared that he was not in the village on the relevant date. Three witnesses were examined in defense and the trial Court acquitted the non-applicants after it had made the following observations: --

The dand that has been destroyed was in the field S. No. 473/5A owned by accused Maroti. Complainant had only a right to carry water through this drain. He had no ownership on the land in which the drain existed. This fact has been admitt