GOVINDASWAMI PADAYACHI Vs. KALIAPERUMAL PADAYACHI

JUDGEMENT

(1.) This revision arises out of an order passed by the Special First Class Magistrate, Chidambaram, in Summary Trial Case No. 614 of 1962 on his file. The charge in that case was one under S. 447, I.P.C., for criminal trespass. The learned Magistrate appears to have examined four witnesses on the side of the prosecution and an equal number on the side of the defence. But he disposed of the case with the following sentence under the heading:

(2.) I am in respectful agreement with these observations. In the case before me, four witnesses had been examined on the side of the defence but there is hardly any whisper about the evidence of these witnesses. I am satisfied that in the circumstances, the order convicting, the petitioner cannot be upheld. It is unnecessary, having regard to the nature of the charge that the case should be sent back for fresh trial. The petitioner is, therefore, acquitted.