PEDDA VENKATAPATHI AND OTHERS Vs. STATE

JUDGEMENT

(1.) These two cases arise out of Criminal Appeals Nos. 7 and 8 of 1955 on the file of the Sessions Judge, Cuddrmah, which were filed against the judgments of the Sub-Divisional Magistrate, Proddatur in C. C. Nos. 255 and 973 of 1954 respectively. There were two accused in C. C. No. 255 of 54 and while accused 1 was charged under Section 396, Indian Penal Code, accused 2 was charged under Section 324, Indian Penal Code.

(2.) In these revision cases, it is urged that the learned Sessions Judge used the evidence recorded by the trial Court in one case against the accused in the other case and 'vice versa' and this had vitiated his judgment. This complaint seems to be a legitimate one. He has freely imported the evidence in one case into another, and did deal with the evidence in each case separately. In my opinion, the procedure adopted by him is warranted by the provisions of the Criminal Procedure Code.

(3.) Section 353 of the Code provides : "Except as otherwise expressly provided, all evidence taken under Chapters XVIII, XX, XXI, XXII and XXIII shall be taken in the presence of the accused, or when his personal attendance is dispensed with, in the presence of his pleader."