BODDEPALLI LAKSHMINARAYANA Vs. SUVVARI SANYASI APPA RAO

JUDGEMENT

(1.) This in an appeal preferred by the complainant against the judgment of the learned Additional Sessions Judge, Srikakulam, acquitting the accused persons in this case.

(2.) In the original complaint, there were four accused of which the second and the fourth accused were acquitted by the Judl. Second Class Magistrate, Srikakulam, under Section 251-A of the Cr. P. C. Accused 1 and 3 were convicted under Section 380 I. P. C. and sentenced to simple imprisonment till the rising of the Court and to pay a fine of Rs. 250 each or in default to undergo simple imprisonment for a month. Accused 1 and 3 preferred an appeal against their convictions, to the Sessions Judge, Srikakulam, who, as aforesaid, acquitted them of the charge. Hence this appeal.

(3.) The facts of the prosecution case are as follows; The complainant, examined as P. W. 1, is the owner of a printing press which was located in the premises of an ashramam known as Srinivasa Asharamam near Dusi village. P. W. 1 had purchased the press from one Pappala China Kamadasu examined as P. W. 4 under Ex. P-l dated 21-11-1955, which is a registered agreement for the sale of the press, for Rs. 4,000.00. Out of this sale consideration, Rs. 3,500.00 was paid at the time of execution of Ex. P-1 and, subsequently, the balance of Rs. 500.00 was paid on 10-1-1956, as evidenced by Ex. P-2. Prior to the sale of the press to P. W. 1, the press was registered in the name of P. W. 4 who was declared the keeper and proprietor of the press under Section 4 of the Press and Registration of Books Act (Act XXV of 1867).