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1937 Supreme(Mad) 295



ORDER

1. This is a revision petition asking the Court to quash a charge framed under Section 411, Indian Penal Code, against three persons.

2. The facts appear to be as follows:

3. P.W. 2 while waiting to deposit money into the bank at Gopichettipalayam lost from his shirt pocket four currency notes of the value of one hundred rupees each.

4. He noticed this loss at about 10 A.M.

5. The four notes were picked up in the street by P.W. 6--a child of six. P.W. 6 gave a young friend of his (P.W. 7) one note, but P.W. 7 was insisting on getting two. Their wrangles attracted the attention of a passing barber (P.W. 4) who snatched all four notes from them. The children clamoured for the return of the notes and held his coat, but the barber took them with him to hand them and the money to P.W. 6s father whom he knew. On the way he met P.W. 6s grandmother (accused 1). She asked where he was taking P.W. 6 and on being told the facts, she claimed a prior right to these notes. So) P.W. 4 handed over the four notes to her, but he went on, and told P.W. 6s father (accused 2) what had happened. Accused 2s employer (accused 3) also heard the story from the barber.

It appears that accused 2 and accused 3







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