MARUPAUDI KUTUMBA RAO Vs. PARVATHANENI VENKATARAMAYYA

JUDGEMENT

(1.) THE three secod appeal saise out of three suits filed by the appellants to recover damages from the respondent -defendant for malicious prosecution. The defendant as the same in all the three suits.

(2.) IN respect of an occurrence on 21 -5 -1942 the defendant filed a complaint against the appellants and others for offences under Sections 148, 119, 323, 324, 352 and 501, Penal Code. A primes facie case was made out, and so and charge was framed by the Magistrate against appellants and others for offences under Sections 323 and 324, Penal Code. The accused then entered upon their defence and examined defence witnesses. The Magistrate, after considering the defence evidence, acquitted the appellants, The appellants thereupon instituted the suits in the Court of the District Munsif, Vijayawada, for damages for malioious prosecution.

(3.) IN the Court of the District Munsif, both parties examined witnesses and let in evidence to show that the complaint filed by each party was the true one, and that the other was false. Both sides had sustained injuries and to plaintiff's though they let in evidence to show that the occurrence was only on the tank bund and not on the filed of the defendant, as alleged by him, did not let in any evidence to satisfy the Court as to how the injuries on the person of the defendant were caused. They merely suggested that the injuries on his person were self inflicted.