High CourtsSingle Bench

N. Palani vs G. Loganathan and Another

Madras High Court · Decided on 4 January 1972 · Citation: (1972) LW(Cri) 81

HON’BLE JUDGES
K.N. Mudaliyar, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 323
CASE NUMBER
Criminal App. 690 of 1970
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Judgment

10 paragraphs · 203 words

K.N. Mudaliyar, J.—This is an appeal filed by the complainant (N. Palani) against the order of the Court of the Special Honorary

Presidency Magistrate, Saidapet, in C.C. No. 8437 of 1969 acquitting the two accused. The entire judgment is extracted below.

The argument of the Counsel for the prosecution and the counsel for the defence were heard. They did not bring forth any fresh points other than

elicited by P. Ws. and accused.

2.

The prosecution has not proved beyond doubt the alleged guilt of the accused. I find the accused (1) G. Loganathan(? sic), and (2)

Manonmaniammal not guilty u/s 323 I.P.C. and therefore acquit them and release them.

3.

Ex facie, this judgment does not comply with requirements of Section 367(1) Crl. P.C. In my view, the judgment is perfunctory and cryptic. This

judgment does not set forth the point or points for determination, nor does this judgment give reasons for the decision of acquittal. This judgment is

vitiated by a material illegality in the sense that the requirements of Section 367(1) Code of Criminal Procedure are not complied with. The entire

matters is remanded to the court of the Third Presidency Magistrate, Saidapet, Madras, for fresh disposal according to law.