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1943 Supreme(Mad) 184

KUPPUSWAMI AYYAR
The Public Prosecutor – Appellant
Versus
Kandikatla Nagabhushanam alias Bhushanam – Respondent


JUDGMENT

Kuppuswami Ayyar, J.

1. This is an appeal by the Crown against the order of acquittal of the accused in C.C. No. 39 of 1942 on the file of the Sub-Divisional Magistrates Court of Amalapuram who was charged with having committed an offence punishable under Section 19(f) of the Indian Arms Act. The case against him was that he was in possession of a revolver M. O, 1 without a license. The evidence against him consisted mainly of a confessional statement made by him when he was arrested in connection with another case, when he is said to have stated that this revolver was presented to him by a communist named Pattabhiramayya and that he had hidden it underneath the ground in his father-in-laws house. The revolver was recovered on this information given by him. He took the police inspector to his father-in-laws house and dug out this revolver from underneath the ground in one of the rooms of his father-in-laws house. The Magistrate acquitted the accused as he was of opinion--

the confessions of the accused in the presence of the police officer is not admissible in evidence inasmuch as it has not led to the discovery of the M.O. -1 which was produced by the accused himself and not






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