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Korrapatty Appayya Vs. Talla Rama Subbayya - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revn. Case No. 779 and Cri. Revn. Petn. No. 717 of 1949
Judge
Reported inAIR1950Mad537
ActsEvidence Act, 1872 - Sections 126
AppellantKorrapatty Appayya
RespondentTalla Rama Subbayya
Appellant AdvocateP. Ramakrishna, Adv.;The Asst. Public Prosecutor
Respondent AdvocateK. Venkataratnam, Adv.
Cases ReferredPalaniappa Chettiar v. Emperor
Excerpt:
- somasundaram, j.1. the charge on which the petitioner is convicted is that he gave instructions to p. w. 6, the lawyer, who put certain questions which were defamatory. p. w. 6 having acted as lawyer to the petitioner is debarred under section 126, evidence act, to disclose the instructions given to him. apart from the section which is clear on the point, it is also covered by thejudgment of burn j. in palaniappa chettiar v. emperor, 1935 m. w. n. 460. the only other evidence is that given by p. w. 4. but that does not prove the prosecution case. the conviction by the learned additional magistrate on the evidence of the lawyer p. w. 6 is unsustainable. it is set aside and the accused acquitted. the fine, if paid, will be refunded.
Judgment:

Somasundaram, J.

1. The charge on which the petitioner is convicted is that he gave instructions to p. w. 6, the lawyer, who put certain questions which were defamatory. P. W. 6 having acted as lawyer to the petitioner is debarred under Section 126, Evidence Act, to disclose the instructions given to him. Apart from the section which is clear on the point, it is also covered by thejudgment of Burn J. in Palaniappa Chettiar v. Emperor, 1935 M. W. N. 460. The only other evidence is that given by p. W. 4. But that does not prove the prosecution case. The conviction by the learned Additional Magistrate on the evidence of the lawyer P. w. 6 is unsustainable. It is set aside and the accused acquitted. The fine, if paid, will be refunded.


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