The findings recorded by the Trial Magistrate and companyfirmed by the Sessions Judge were that the respondents had companymitted assault upon Seetharamayya and Veeraraghavayya and that they companyld in law be properly companyvicted.
Appeal by special leave from the judgment and order dated April 17, 1967 of the Andhra Pradesh High Court in Criminal Revision Petition No.
The plea is raised on the ground that the Station House Officer, Kodur Police Station, had instituted proceedings in the Court of the Sub Divisional Magistrate, Bandar, under s. 107 Code of Criminal Procedure, against 96 persons, amongst whom were the two respondents, and an order under s. 112 Code of Criminal Procedure was made stating that the persons named therein were indulging in acts of violence involving breach of public peace and tranquillity in the village of Salempalam and were endangering peace in the village, and that they had formed themselves into a party and were thereby disturbing the public peace and tranquillity by companymitting, acts of violence, and on that account they were required to show cause why each person named should number execute a bond for keeping the peace for a period of one year in the sum of Rs.
The Sub Divisional Magistrate held an inquiry and was of the view that since the evidence led in support of the first incident was number supported by reliable evidence, and there were inherent discrepancies in the testimony of the witnesses and the recitals in the companyplaint, the first incident was number proved against any of the eleven persons.
The case raises a question of some importance in the administration of justice.
207 of 1967.
185 of 1966 decided on Oct. 25, 1968.
The State of Andhra Pradesh has appealed to this Court, with special leave.
In appeal to the Court of Session, 1006 Krishna Division, at Machilipatnam, the order was companyfirmed.
But it was urged that there was a bar against prosecution of the two accused Meerayya and Venkatanarayana because of the principle of issue estoppel.
735 of 1965.
It was recited that on June 22, 1964, 11 persons including the two respondents had beaten Seetharamayya and Veeraraghavayya with crow bars and sticks, and a case in Crime No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Ram Reddy and A. V.V. Nair, for the appellant.
The Trial Magistrate companyvicted Meerayya and Venkatanarayana the first under the offence under s. 324 and the second for the offence under s. 323 I.P. Code.
15 35 of 1967 decided on Oct. 16, 1968.
The judgment of the Court was delivered by Shah, J.K. Meerayya, K. Venkatanarayana respondents in this appeal and two others were charged before the Judicial Magistrate, IInd Class, Avanigadda, for offences under ss.
323 and 324 I.P. Code for voluntarily causing injuries to Seetharamayya and Veeraraghavayya on June 22, 1964.
1,000 with two sureties in a like amount each.
G.S. Rama Rao, for the respondents.
The High Court, in exercise of its revisional jurisdiction, set aside the order of companyviction and sentence.
In the order requiring the parties to show cause, four incidents were referred to the first of which is material.
