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1961 Supreme(AP) 18

ANANTA NARAYANA AYYAR
Macherla Kondaiah – Appellant
Versus
Ede Venkataratnam – Respondent


( 1 ) ONE Macherla Peda Kondaiah filed a Private complaint in P. R. C. No. 2 of 1958 on the file of the Judicial Second Class Magistrate, Rcpalle. Subsequently, he died. His brother, Macherla China Kondaiah (P. W. 1) continued to prosecute the case. Ultimately, the learned Magistrate committed 26 accused in that case to the Sessions Court, Guntur Division, for trial. The learned Additional sessions Judge, Guntur, framed 36 charges against the 26 accused in Sessions case No. 48 of 1958 on his file. After full trial in that case, the learned Additional sessions Judge acquitted everyone of the accused of all the charges framed against him. Mecherla China Kondaiah was examined as P. W. 1 in that case. He filed c. M. P. No. 203 of 1959 in this Court for leave to file an appeal against the order of acquittal. Special leave was granted by an order of this Court dated 24th february, 1959 and the appeal filed by him was taken on file as Criminal Appeal no. 231 of 1959. No appeal was filed by the State against the acquittal of any of the accused.

( 2 ) THE prosecution examined 30 witnesses and marked documents, Exhibits P-1 to P-58. The prosecution story was briefly to the following effect.





















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