State of Mysore vs Ramiah and Others

C. Honniah, J.—This is a reference u/s 438, Criminal Procedure Code by the Sessions Judge, Tumkur, recommending that the order dated 5.6.1967 in C.C. No. 872 of 1967 passed by the Special First Class Magistrate, Madhugiri, be set aside.

The facts that have given rise to this reference are these : One Doddakavalappa filed a complaint against the petitioners before the Special First Class Magistrate, Madhugiri under Sections 143, 448, 427, 506 and 323 read with Section 114, Indian Penal Code. His complaint was registered. Before the trial, it was reported that Doddakavalappa died. The learned Magistrate acquitted the petitioners u/s 247 of the Code of Criminal Procedure.

Some days later, Gowramma, widow of the deceased Doddakvalappa filed another complaint against the same petitioners for the same offence of which they had been acquitted. The learned Magistrate registered the complaint in C.C. No. 872 of 1967 on 31.5.1967 and issued notice to the petitioners. From the facts stated above it is clear that the petitioners were acquitted u/s 247, Code of Criminal Procedure, in respect of the same facts and offences in C.C. No. 388 of 1967. Acquittal u/s 247 is an acquittal which bars further trial u/s 403 of the Code of Criminal Procedure. Therefore the referenda is accepted and the order of the learned Magistrate, dated 5.6.1967 set aside.