1. The petitioners have been convicted of causing simple hurt to Balkishun Kahar, a peon of Daltonganj Municipality. They have been sentenced to fines of Rs. 60 each.
2. The Municipality of Daltonganj it is said has demanded and for many years collected tolls (chaudhurana) from vendors and buyers in respect of purchases made in the municipal market and it is said within municipal limits but outside the market. The occurrence now under consideration arose out of the peon demanding the toll in respect of a purchase of mustard seed made by the accused persons from Raghuni Sah at the shop of the accused. It is said and it has been found by the Courts below that Raghuni Sah, the vendor, was present when the demand was made and undertook himself to pay the toll, but the accused were not satisfied and beat the peon with bamboo poles causing hurt for which they have been convicted.
3. It is contended for the petitioners that the demand of toll on behalf of the Municipality is not supported by any provision of the Bihar and Orissa Municipal Act and that therefore the accused have committed no offence. The conclusion does not follow from the premises. Whatever view may be taken as to the right of the Municipality to realise toll outside the limits of the municipal market but within the limits of the Municipality, there was nothing done by the peon which could give the accused any right to beat the peon. The right of private defence only exists against acts amounting to an offence against person or property and within the limits of S. 97 and the following sections of the Penal Code. In this case the application must fail and the rule is discharged.
S.N/R.K
4. Rule discharged.