Balakrishna Ayyar, J.—In May, 1955 the accused was the Deputy Post Master, Erode. On the charge that he had on 8th May, 1955, accepted a bribe of Rs. 25 from P.W.1, the accused was prosecuted under section 161, Indian Penal Code and section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act.

The case was first heard by Mr. Krishnan Nambudripad, the then Special Judge of Coimbatore. He examined P.Ws.1 to 8 and questioned the accused under section 342, Criminal Procedure Code. Thereafter P.Ws.1 to 4 and 6 and 7 were further cross-examined. At this stage Mr. Krishnan Nambudripad was transferred and he was succeeded by Mr. Manjapra Balakrishna Menon. When he took up the case — that was on 27th August, 1956 — the accused filed an application purporting to be under section 350, Criminal Procedure Code, praying that the prosecution witnesses be re-summoned and re-heard. The application was opposed by the Public Prosecutor. The Special Judge dismissed the application. Thereafter he concluded the trial and convicted the accused and sentenced him to undergo simple imprisonment for six months.

During the arguments in the appeal which the accused preferred Mr. V.T. Rangaswami

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