PUBLIC PROSECUTOR Vs. INDLA CHINA LINGIAH
HIGH COURT OF MADRAS
INDLA CHINA LINGIAH
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Ramaswami, J. -
(1.) This is an appeal preferred by the State against the order of acquittal by the Sub-Divisional Magistrate, Kandukuru in C. C. No. 38 of 1951.
(2.) The facts are: On the night of 24-4-1950 at Ayyanakota there was housebreaking by night and theft in the house of P. W. 1 Venkatasubbiah. This burglary was discovered by him the next morning. It was then found that the big wooden chest or Bhoshanam box had been broken open and the boxes M. O. 1 belonging to P. W. 1 and M. O. 2 belonging to the son-in-law of P. W. 1 viz., P. W. 2 and 3 boxes M. Os. 3 to 5 belonging to P. W. 3 and valuable jewellery and clothing of the family of P. W. 1 and the clothes left for safe custody by some shepherds had been removed from that Bhoshanam Box. P. W. 1 found 3 or 4 chains away from his house some of these opened boxes which he identified as those kept in the chest. Then P. W. 1 went to inform the Triune Officer P. W. 6 who was in the fields who visited the scene of offence and got a report Ex. P1 made out in the hand-writing of P. W. 2 and which has been signed by P. W. 1. P. W. 6 then sent the usual reports to the Police and the Magistracy, P. W. 12, the Sub-Inspector of Police, Pamur, reached the scene of offence at 8 A.M. on 26-4-1950. The boxes which were found lying broken open viz., M. Os. 1 to 5 at distance from the house of P. W. 1 and the lock of the Boshanam box M. O. 6 were seized. P. W. 1 gave a supplemental list of properties lost. P. W. W Venkiah who had been deputed by P. W. 1 to trace the footsteps leading from P. W. 1's door step returned saying that the footsteps led to Narappa Reddi's well where he found a silver Kunkarna Bharani (M. O. 10) and a silver tin for keeping the katuka (M. O. 9) and from inside the well an aluminium vessel M. O. 11. P. W. 10 finally lost the footsteps on reaching Pichollakonda. P. W. 12 took these M. Os. 9 to 11 into custody.
(3.) The investigation in this case led on information received to recoveries of properties from the four accused persons in this case viz., India China Lingiah, Gundalatoti Poliah, India Polugadu and Jayampu Musaligadu, all of Markondapuram. I shall deal with these recoveries in the next succeeding four paragraphs.;
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