1955 (3) TMI 57

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.... were filed against the judgments of the Sub-Divisional Magistrate, Proddatur in C. C. Nos. 255 and 273 of 1954 respectively. There were two accused in C. C. No. 255 of 54, and while accused 1 was charged under Section 326, I.P.C., accused 2 was charged under Section 324, I. P, C. In the other case, there was only one accused and he was charged for an offence under Section 324 I.P.C. The case a....

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....ses. The learned Sub-Divisional Magistrate discussed the evidence in each case separately, writing two judgments, and convicted the accused to both the cases. He awarded to accused 1 in C. C 255 of 1954 one year's rigorous imprisonment and a fine of Rs. 100/- under Section 326 I.P.C., and to accused 2 six months' rigorous imprisonment and' a fine of Rs. 100/- under Section 324, I.P.....

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.... Section 353 of the Code provides: Except as otherwise expressly provided, all evidence taken under Chapters XVIII XX, XXI, XXII and XXIII shall be taken in the presence of the accused, or when his personal attendance is dispensed with, in the presence of his pleader. 4. It is true that this section does not say that the evidence in one case shall not be used against the accused in ano....