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1953 Supreme(Mad) 58

SOMASUNDARAM
V. Bayamma and others, In re. . . . . . In Re. – Appellant
Versus
. – Respondent


Advocates:
P. Basi Reddi and K.V. Raghunatha Reddi for Petitioners.
The Assistant Public Prosecutor (A.C. Muthanna) on behalf of the State.

Order.-

This revision is filed against an order directing a complaint to be filed against the petitioners for an offence under section 193 of the Indian Penal Code. The facts which led up to this complaint are these: On 3rd November, 1950, at about mid-night one Bayamma who is now sought to be prosecuted as the first accused was stabbed on her buttocks. Her son-in-law who is now sought to be prosecuted as the second accused was sleeping nearby and he rushed to the place on hearing her cries. The other two accused, the servants of Bayamma were said to have been sleeping near her. It is stated that she saw 5 persons at the time of the occurrence and mentioned the names of 4 persons and the 5th one could not be identified by her. P.W.2, the son-in-law, gave information to the Police at about 2 a.m., implicating the 4 names which she mentioned and also mentioning that there was another person concerned in the offence. The woman was taken to the Pulivendla hospital and on account of her serious condition, the Sub-Magistrate came and took a dying declaration from her. In this dying declaration she reiterated the names of the 4 persons whom she mentioned to P.W.2 and whose names were given













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