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1951 Supreme(Mad) 383

RAMASWAMI GOUNDER
Madala Peraiah – Appellant
Versus
Voruganti Chendriah – Respondent


Advocates:
B. Lakshimnarayana for Petitioners.
M.A. Narasappa Choudri for Respondent.
The Public Prosecutor (V.T. Rangaswami Aiyangar) for the State.

Order.-

This is a criminal revision petition filed against the convictions and sentences in C.C. No. 1076 of 1949 on the file of the Stationary Sub-Magistrate, Kandukur, and upheld in C.A. No. 68 of 1950, Sub-Divisional Magistrate’s Court, Kandukur.

The facts are: P.W. 1, the complainant, has purchased 6 acres of land from P.W. 7, thereby rounding up an extent of 3 acres 40 cents already owned by him in S. No. 352. It is his case that he has been cultivating all these areas by passing through the plan-marked pathway, in S. No. 351 after crossing S. No. 356, which is a Donka Poramboke. This plan-marked pathway passes through the land of the accused. There has been ill-feeling between these neighbouring land-owners.

On 1st August, 1949, at about 7 a.m. according to the complainant, when he was passing through the Donka S. No. 356 with five ploughs, the thirteen persons accused by him came there with sticks and obstructed him and the bulls and beat and drove away the bulls. On account of this he is stated to have come home fearing that if he proceeded further he would also be got beaten. Therefore he preferred a complaint against these thirteen accused persons.

In the Court of the Station


















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