PUBLIC PROSECUTOR Vs. NARAYANA NAYUDU ALIAS NARAYANASWAMI NAIDU

JUDGEMENT

(1.) This is an appeal preferred against the acquittal of accused Nos. 1 and 2, who were charged with offences under Section 326, Indian Penal Code.

(2.) The case for the prosecution is that there were disputes between the 1st and 2nd accused and P.W. No. 7, who is the brother of P.W. No. 1, in respect of the affairs of a certain fund and that on the night of 15th May 1914 the two accused and two others, who were discharged by the Magistrate without a charge being framed, caused grievous hurt to P.W. Nos. 1 and 2. It is alleged that there was a meeting of the share-holders of the fund on the day in question, that it was proposed that the first accused and P.W. No. 7 should be removed from the office and P.W. Nos, 1 and 2 shonlcTbe appointed, that 1st and 2nd accused did not consent, to this and the meeting broke up, that on the same night, as P.W. No. 7 was returning at about 11 p. M., he was waylaid by the accused, that P.W. No. 1, who is the brother of P.W. No. 7 turned up and that the accused attacked him and also P, W. No. 2 when he came to the scene.

(3.) The Magistrate discharged accused Nos. 3 and 4 without framing a charge against them, and it is not alleged before me that the discharge is erroneous. On the contrary it is conceded that on the evidence they could not be held guilty of any offence.