N PALANI Vs. G LOGANATHAN AND ANOTHER

JUDGEMENT

(1.) This is an appeal filed by the complainant (N. Palani) against the order of the Court of the Special Honorary Presidency Magistrate, Saidapet, in C.C. No. 8437 of 1969 acquitting the two accused. The entire judgment is extracted below.

(2.) The prosecution has not proved beyond doubt the alleged guilt of the accused. I find the accused (1) G. Loganathan(? sic), and (2) Manonmaniammal not guilty under Section 323 I.P.C. and therefore acquit them and release them.

(3.) Ex facie, this judgment does not comply with requirements of Section 367(1) Crl. P.C. In my view, the judgment is perfunctory and cryptic. This judgment does not set forth the point or points for determination, nor does this judgment give reasons for the decision of acquittal. This judgment is vitiated by a material illegality in the sense that the requirements of Section 367(1) Code of Criminal Procedure are not complied with. The entire matters is remanded to the court of the Third Presidency Magistrate, Saidapet, Madras, for fresh disposal according to law.