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S.NATARAJAN, A.M.AHMADI
Suryamoorthi – Appellant
Versus
Govindaswamy – Respondent


JUDGMENT

A. M. Ahmadi, J. - This appeal by P.W. 1 Suryamoorthi and his mother P.W. 2 Pappammal is directed against the judgment of the High Court of Madras which confirmed the order of acquittal passed by the learned Additional Assistant Sessions Judge, Thanjavur. P.Ws. 1 and 2 reside in village Sivakollai, a hamlet of Nambivayal. On February 18, 1972, P.Ws. 1 and 2 left for Madras with Rs. 73,600/- in cash wrapped in a towel tied around the waist of P.W.2. They went to consult P.W. 22 Sundaram mal as they desired to purchase a property in Madras. They reached Madras on the morning of February 19,1972. They informed P.W.22 that they were desirous of purchasing a house in Madras but P. W 22 advised them to invest the amount in agricultural land in their village. Accepting her advice P.Ws. 1 and 2 left Madras on the night of February 19, 1972 by a State Transport Express bus which reached Thanjavur at about 4.15 a.m. on the next day i.e. February 20, 1972. Since they had to change the bus at Thanjavur, P.Ws. 1 and 2 alighted from the State Transport bus and proceeded towards the Municipal Bus stand to take the, bus to Pattukottai. When they were about to board the other bus, original

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