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Issues:
1. Conviction and sentencing of appellants for offences under Indian Penal Code. 2. Authority of raiding party to seize and impound cattle. 3. Delegation of power under section 418(1) of the Delhi Municipal Corporation Act. 4. Interpretation of the term "abandoned" in the context of impounding cattle. 5. Right of private defence of property for the appellants. Analysis: The judgment involved an appeal against the conviction and sentencing of three appellants under various sections of the Indian Penal Code by the Assistant Sessions Judge, Delhi. The prosecution's case revolved around an incident where the appellants, owners of cattle, confronted a raiding party attempting to impound stray cattle. The appellants, armed with lathis, threatened the party and eventually, with the help of others, assaulted the party members to release the cattle. The defense claimed the appellants were exercising their right of private defence of property. However, the courts rejected this defense, leading to the appeal. The first issue addressed was the authority of the raiding party to seize and impound the cattle. The power to impound stray cattle was derived from section 418(1) of the Delhi Municipal Corporation Act. The defense argued that the raiding party lacked the authority to seize the cattle. Still, the court found that the delegation of power to municipal employees, including Licensing Inspectors, was valid under the Act, allowing for the impoundment of stray cattle. The interpretation of the term "abandoned" in the context of impounding cattle was crucial. The defense contended that the cattle were not abandoned as the owners were present during the rounding up process. However, the court held that "abandoned" in this context meant "let loose" or "left unattended," not necessarily "ownerless." The court emphasized interpreting the term in a manner that aligns with legislative intent to suppress mischief. Regarding the right of private defence of property, the defense argued that the appellants acted in self-defense. However, Section 99 of the Indian Penal Code states that there is no right of private defence against acts done by public servants under color of office. Since the raiding party was acting lawfully, the court concluded that the appellants had no valid claim of private defence. In conclusion, the Supreme Court dismissed the appeal, upholding the convictions and sentences of the appellants under the Indian Penal Code. The judgment clarified the authority of the raiding party, the delegation of power under the Delhi Municipal Corporation Act, and the interpretation of key legal terms in the context of impounding cattle and private defence of property.
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