Andhra Pradesh Court July 1955 Judgments
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Public Prosecutor Vs. Thallam Kambagiriswami
Court: Andhra Pradesh
Decided on: Jul-23-1955
Reported in: 1957CriLJ921
Umamaheswaram, J.1. This appeal is filed by the Public Prosecutor against the order of acquittal passed by the District Magistrate (Judicial), Cuddapah, in C. C. No. 42 of 1953. The complainant, J. Purushotham, a Government employee in the Revenue department, filed a private complaint under Section 500, Penal Code, against the accused-Respondent who is the President of the Co-operative Stores, Owk. The case of the complainant is that the accused made defamatory allegations against him in the petitions sent to the Collector, District Supply Officer, Kurncol and other officers.The specific allegations which were relied on by the complainant as defamatory were : (1) that the complainant demanded a bribe of Rs. 2,000 from the accused to hush up the fraud, etc., committed by the accused and to drop further enquiry in the matter (ii) that the complainant took a bribe of Rs, 100 from one Vogeti Balanna of Tadpatri for releasing his lorry which was carrying Bengalgram from Kurnool district to ...
G. Ramchandra Chetty Vs. State of Andhra Represented by the Sub-inspec ...
Court: Andhra Pradesh
Decided on: Jul-23-1955
Reported in: 1956CriLJ577
ORDERBhimasankaram, J.1. This is a revision against an order on Crl. M. S. C. petition 24/54 in C. C. No. 3/54 on the file of the Special Judge, Chittoor. The petitioner prayed in that petition that the proceedings against him in C. C. No. 3 of 1954 be dropped and that he be acquitted of the charge on the ground that he had already been prosecuted for a similar offence committed by him on 26-6-1950 and convicted and sentenced therefor.The accused was Bill Collector attached to the Assistant Commercial Tax Officer, Tirupathi, and was collecting money from the assessees. In S. C. 1/52, he was tried for an offence under Section 409 read with Section 477-A, I.P.C. and Section 5(2) of Act 2/47 for having misappropriated a sum of Rs. 400/- collected by him on 26-6-1950 from the firm of P. Chengalraya Chetty and Sons, Tirupathi, and for wilful and fraudulent falsification of accounts with regard to the same.He was convicted and sentenced to five years' simple imprisonment and a fine of Rs. 50...
Parisa Raghavulu and anr. Vs. Borra Kotayya
Court: Andhra Pradesh
Decided on: Jul-22-1955
Reported in: 1956CriLJ196
ORDERUmamaheswaram, J.1. This criminal revision petition is filed by the two accused against the judgment of the Additional First Class Magistrate, Tenali, in C. C. No. 169 of 1954 convicting and sentencing them each to pay a fine of Rs. 100/- with two months' rigorous imprisonment each in default. The complaint is that the marriage of accused l's son was performed with accused 2's daughter, that the bridegroom was aged about 16 while the bridge was aged about 12 and that the parents were consequently liable to be punished under Sections 5 and 6, Child Marriage Restraint Act (19 of 1929).There is no doubt that the marriage is a child marriage within the definition of the Act. It was contended on behalf of the accused that no marriage was performed but, on the evidence, the First Class Magistrate found that the marriage took place and no sufficient grounds are made out that the finding of fact arrived at by the Magistrate is erroneous.P. W. 7 deposes that an old Brahmin officiated as pr...
Government Pleader Vs. A.R. Vajiravelu Chetty and anr.
Court: Andhra Pradesh
Decided on: Jul-22-1955
Reported in: 1956CriLJ475
Subba Rao, C.J.1. This is an application for committing the respondents for contempt of Court and to punish them in accordance with law.2. Respondent 1, Vijaravelu Chetty, is the President of the Kuppam Panchayat Board. On 20-8-1953, he sent a communication to the Superintendent, X Branch, Anti-corruption Madras, making allegations of corruption against Sri p Gopalakrishna District Munsif-cum-Sub-Divisional Magistrate, Kuppam Chittoor District. The communication contained the following allegations:I have received certain information which I think it my imperative duty to pass on to you for necessary action. This information is in respect of the rampant corruption existing in the District Munsif-cum-Sub-Divisional Magistrate's Court, Kuppam.The Magistrate is Sri P. Gopalakrishnan of Avidi of East Godavary District. He was first appointed as Additional District Munsif of Chittoor in November 1949. Even then his honesty was suspected.He was messing in the Golden Cafe, Chittoor. He never p...
In Re: Kolavennu Venkayya
Court: Andhra Pradesh
Decided on: Jul-22-1955
Reported in: 1956CriLJ970
ORDERUmamaheswaram, J.1. This Criminal Revision Petition, raises an interesting question of law. The petitioner committed an offence under Section 302, I.P.C. He absconded and returned to his village 15 days after the commission of the offence. When he was lying inside the house, P.W. 2 who happened to be present at the time of the commission of the offence and P.W. 1 and others entered the house and sought to arrest the accused and he got up from the cot and stabbed P.W. 1.The point that arises for determination is whether P.Ws. 1 and 2 were entitled to enter the house and arrest the accused. That depends upon the true construction of the terms of Section 59, Cr. P.C. which runs as follows:59 (1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police officer or, in the absence of a police-officer, take such person or cause him t...
In Re: Inja Vengala Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-21-1955
Reported in: 1956CriLJ31
Chandra Reddy, J.1. The appellants, three in number (accused 1 2 and 4), have been convicted by the Sessions; Judge of Cuddapah of offences of rioting, murder and attempt to murder. All of them were sentenced to one year's rigorous imprisonment under Section 148, I.P.C. They were also found guilty under Section 302, I.P.C. While a sentence of death was passed on A-1, A-2 and A-4 who were found constructively liable were sentenced to transportation for life.They were also awarded a term of 7 years' rigorous imprisonment under each of the counts under Section 307 either directly or read with Section 149, the sentences to run concurrently. In addition, they were also convicted under Section 197, Arms Act and sentenced to one year's rigorous imprisonment.2. On 10-10-1953 there was a rioting in the village of Janagalapalle, Cuddapah District, before midday in the course of which fire-arms were used and a man by name Gangulureddi was killed and P. Ws. 1 to 5 and one Govindu sustained gun-sho...
Sree Raja Kandregula Srinivasa Jagannadha Rao Pantulu Bahaddur Vs. Sta ...
Court: Andhra Pradesh
Decided on: Jul-20-1955
Reported in: AIR1960AP343
ORDERChendra Reddy, J.1. This is a petition, for the issue of a 'writ of mandamus under Article 226 of the Constitution declaring that the notification No. 752 dated 25-8-1952 followed by notification No. 780 dated 24-9-1952 are ultra vires and illegal and for restraining the respondents from doing anything in pursuance of the same. It is filed in the following circumstances. The petitioner owns a plot of Ac. 25-00 of wet land in Valivartipadu village, a suburb of Gudivada. He was making efforts to dispose of this land by plotting it out as house sites for some years. In 1939 the Commissioner, Gudivada Municipality served a notice on him directing him to furnish plans in triplicate in case he wanted to sell the lands as house sites.Two years later, the municipality prepared a lay out plan for this area and seems to have required him to submit plans necessary for the purpose. As this does not seem to have been complied with for a long time, he was called, upon by a notice in July 1949 t...
In Re: Pullugari Subhanna
Court: Andhra Pradesh
Decided on: Jul-14-1955
Reported in: 1957CriLJ1222
Chandra Reddy, J.1. The appellant was charged that on 10th July, 1954, he committed an offence punishable under Section 302, Indian Penal Code, by causing the death of one Balipaka Gangadu, and at the same time and place and in the course of the same transaction robbed the aforesaid Gangadu, and thereby committed an offence punishable under Section 392, Indian Penal Code. The Sessions Judge found him guilty of both the offences and sentenced him to transportation for life under Section 302, Indian Penal Code, and to undergo rigorous imprisonment for one year under Section 392, Indian Penal Code, both the sentences to run concurrently.2. The case for the prosecution may be briefly stated. The deceased, a Harijan, had some hides for sale. On 10th July, 1954, P.W. 1 wanted to buy one for making a bucket for bailing out water from the well. The deceased offered to sell it for Rs. 14. P. W. 1 accepted the price and asked the deceased to take it to his house the next morning. When, next day,...
Vuddagiri Kanakaraju and Sons Vs. the Andhra State
Court: Andhra Pradesh
Decided on: Jul-13-1955
Reported in: [1956]7STC442(AP)
Satyanarayana Raju, J.1. This is a revision filed by the assessee to revise the order of the Sales Tax Appellate Tribunal, Madras, in T.A. No. 1016 of 1952.2. The assessees are dealers in pulses etc. at Nidadavole. For the year of assessment 1950-51, they submitted a return of gross turnover of Rs. 2,61,030-2-10 and a net turnover of Rs. 1,92,824-11-1. Finding, on an inspection made, that the books of account maintained by the assessee contained several omissions, the Deputy Commercial Tax Officer determined the turnover of the assessee at Rs. 3,62,668-9-10. The assessing authority also added a sum of Rs. 11,476 calculating the gross profit at 6 per cent, since the margin of profit of 3-5 per cent, shown by the assessee was too low. An appeal preferred by the assessee to the Comrnerical Tax Officer was dismissed. The assessee preferred an appeal to the Sales Tax Appellate Tribunal at Madras. The Tribunal directed the deletion of Rs. 32,128 from the taxable turnover and allowed the appe...
Purushothamahanti Subrahmanyam Vs. State of Andhra
Court: Andhra Pradesh
Decided on: Jul-13-1955
Reported in: 1956CriLJ37
Chandea Reddy, J. 1. The petitioner is the same in both the cases and the charges against him in both were under Section 409, I.P.C. The case against him was that he committed criminal breach of trust in respect of Rs. 164-7-1 out of collection of land taxes between 28-4-1950 to 28-4-1951 forming the subject matter of the first case and a similar offence in respect of Rs. 745-6-4 between 29-4-1951 to 29/4/1952.He was found guilty of the offence charged in both cases and sentenced to four months' rigorous imprisonment and a fine of Rs. 85/- with a default sentence of one month R. I. in the first case and to a fine of Rs. 170/- with a default imprisonment of two months in the second case. It may also be mentioned that the Village Munsif also was charged for and convicted of the same offences but he is not before us and it is not necessary to refer to his case.2. In appeal, the Sessions Judge thought that the petitioner could not be convicted of the substantive offence under Section 409, ...