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1981 Supreme(Mad) 528

M.N.MOORTHY
State by Public Prosecutor – Appellant
Versus
V. M. Narayanaswami Mudaliar – Respondent


Advocates Appeared:
For the Appellant:N. Dinakar, Government Advocate , Advocate.
For the Respondent:R1 & R4, Habibulla Badsha, A.J.A. Kumaran and J. Stanislas, Advocates.

Judgment

Nine accused who faced a trial before the learned Judicial Second Class Magistrate, Gudiyatham, in C.C. No. 4749 of 1976 were found guilty for an offence under section 294-A, Part 1, Indian Penal Code, and sentenced to pay fine of Rs. 500 each in default to suffer simple imprisonment for one month. Likewise they were also convicted for an offence under section 294-A, Part 2, Indian Penal Code, and sentenced to pay a fine of Rs. 500 each in default to suffer imprisonment for one month. Against the said convictions and sentences the accused preferred an appeal’ before the learned Sessions Judge, North Arcot Division at Vellore in Crl. A. No. 440 of 1977. The appeal was allowed and the convictions and sentences were set aside. Aggrieved by the order of acquittal passed by the lower appellate Court, the State has preferred this appeal against acquittal. The prosecution case in a nutshell is as follows: The nine accused were partners of Sri Mahalakshmi Financial Corporation, situated at No. 50, Neeli Govindappa Chetty Street, Tharanampet, Gudiyatham. Between 5th February, 1976 and 2nd September, 1976, for the purpose of conducting lotteries, they conducted and drew lotteries wit

































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