Karl Heim.

The Criminal law journal of India : a monthly legal publication containing full reports of all reported criminal cases of the high courts and chief courts in India online

. (page 84 of 91)
Online LibraryKarl HeimThe Criminal law journal of India : a monthly legal publication containing full reports of all reported criminal cases of the high courts and chief courts in India → online text (page 84 of 91)
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Appeal to District Magistrate from order to furnish security for good behaviour,

.»« Cr. P. C, s. 110 ... ... ... ... ... ... 243

fnnH nrf/uittal — (jroHndifor—di$corery of fresh eridence —fYiHtiHal Proced-
ure Cade, JSOS^ m. 417, 42h.
In an appeal from an acjuittal, the fact that fresh evidence has been discoveretl
subsc'iuent to the acquittal, is not a sutlicient reason for setting aside the acquittal or
uitlcring a retnal.

Kmperob r. Po Gvi o- ... ... .•• ••• ••• 351

Arms Act [XI oZ 1K78], s. \^ —Armn^Poitsesmm withovt lieeHte—PoMessii^H must
be erehusire.

A dagger was found in a ro )m in a house. The room and the house were jointly
o HUpiod by a father and his atlult son. There was no evidence to show that either of
tlieui was aware of its existence.

II dd, that neither of them could be convictcl of an oflfence under section 19 of the
Arms Act.

Empebob v. Sheb Zamax ... .,. ... .,. ... 71

■ — ' s% 19 and 2')—T>t*fittitioH — Coiieealmeni of arms oh search

beinj made by th? Police— Mere denid of jmaensian not conceahi^ent — PifSsessioH oftt/i-
licensed aniiM.

Jl'ld, that the mere denial on the part of a person whose house is being searched by
the police for unlicensed arms that he has any sueh arms in his possession does not consti-
tute a concealment or attempt to conceal arms on s »arch being made by the ix)lice within
the meaning of the second paragraph of section 20 of Act No. XI of 1878.

TiAd, also thit wher.» unlicensed arms are found concealed upon premises which,
though legally the j.)int property of a joint Hindu family, are in fact at the time of the
linding in the cxelusive poHc.sni m and control of one member of the family, that mem-
ber of the family can properly be held tj be in poi^e^^ion of such arms.

Empebob r. Kam Sabup... ,., „, ,„ „, ,„ 58



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Arms Act [XI of 1878], s. 20. See Arms Act, s. 10 ... ... ... 88

Assam Forest Regulation [vii of i89i], ss. 3, ci. 4 (a) 8.% 34, 35, cs—

Jtule 13 under i,34 — FretnunptUm as to forest produce being property of (rovernmenteren
though the Forest h not in direct pOHsenaion of (rurerninent^ Charge^ oiniMion tofrann* -
Facia fulhj get out— Accused giren opjmiunitg to meet the case- Guilty kmncledge
absent — Mitigated punish ment.

J/eld—Q) That a criminal prosecution instituted at the instance of a lessee of rubber
trees from the Government for the infringement of the provisions of
8. 33 or of any of the rules made under s. 34 of the Forest Re^dation
(VII of 1891), is a proceetUng taken under the Regulation within tl e
meaning of its s. C3. The presumption referred to in s. 63 is applicable
even where the trees are not in direct possession of the Government.

(2) That a mere omission to frame a charge under some section of the Regul-

ations had not prejudiced the accusal, when the facts had been fully
set out and the accused had an opportunity to meet the ca^ie presenteil
against them.

(3) That the absence of guilty knowledge is a ground only for the mitigation

of sentence for infringement of Rule 13 under s. 34 of the Regulation.

Manik Chanoeb Aqabwala r. Empebob ... ... ... ... 202

Autrefois ACQUlt— 0*de of Crimifial Procedure (Act V of 1898) ss. 247, 403,
clause (1) — Preriom acquittal— Summons ca^e — Process issued for offence including
preriovs offence.

Where a Magistrate issuetl processes against and summoned accused persons for one
of several offences alleged against them an(i acquitted them of the offence for which the}'
were summoneil, no fr^h processss could, in view of the provisions of sec. 403, clause
(1) of the Code of Criminal Procedure, be issued against them in respect of all the offences
alleged against them on the previous occasion including the one for which they were
summoned and acquitteil.

SUBESH CHANDBA SiNHA r. BANKU SADHUKHAN ... ... ... 115

Ball— Grant of bail in non-baihible offences. See Cr. P. C\, s. 407 ... ... 4i)9

Bensal Municipal Act [in of i889, b. c], ss. 270, '6oO-nyeMiw Xo. 64

made under s. 360 — 'Jtoaa' or 'drain,' meaning of.
The 'road' or 'drain' referred to in s. 270 and Bye-law No. 64 made under s. 3A0
of the Bengal Municipal Act (III of 1889, B. C.) must be a roa< I or drain belonging
to the Municipality or a public road or drain. It would be ultra rires for a Municipality
to interfere with a private road or dmin.

In re Mahesh Chandba Pandey r. B as ant a Kumab Das ... ... 4r>0



■ s. 350. *S!f»^ Bengal Municipal



Act, 8. 270 ... ... ... ... ... ... ... 4:,0

Bengal Police Act [V of 1861 B. C], Society forth. ^ prerention of cruelty to
ani mills, officers of — Public sercan*s — Indian Penal Code (Act XLV of 1800 J,
section 22,

Officers of the Society for the Prevention of Cruelty to Animals, appointe<l, under Act
V of 1861, are pubUc servants within the meaning of the Indian Penal Code. The mere
fact that the certificates of appointment given to such officers are not strictly in confor-
mity with the form prescribed in the Schedule to Act V of 1861, does not invalidate
their appointment or take them out of the category of public servants.

Upendba Kumab Guose r. Empebob ... ... ... ... 4iO



ss. 7, 2d~Suspension and confinement



for utdimited — Cumnlati re punishment, if legal -Police officer.

An order for suspension and confinement of a Police officer for an imlimited period of
time exceetling the limits laid down in clause (bj of sec. 7 of Act V of 18(il, is illegal
and is not t^uch an order which a District Superintendent of Police can legally pass at all,
nor one which he can paPs in the alternative under sec. 7 of the Act : and no conviction
under Sec. 29 of the Act, for disobeying such an order, is maintainable.

Ram GoPAL Ghosh r. Empebob ... ... ... ... ... 110

s. 29. See Bengal Police Act, s. 7 ... 110

Bombay Motor Vehicles Act [Bom. Act ii of i9oi]. see v. c, s. 279... 497

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Prevention of Gambllnfir Act [Bom. Act iv of 1887 j,



449, 575 -AcquUttil yttdrr



Page.



Bombay Municipal Act [Bom. Act in of i888], s. n^^-neairf^pine^ of

ynblie t-Mitri — L%triM aocommodation,

A theatre is a place of public resort within the meaning of s. 249 of the City of
Bombay Municipal Act, 18^8.

Emperob r. DwARKADAS Dharamsey ... ... ... ... 236



H. 12 — Puhlic place^ street or tit tiwwjhfai'fi — (rambling In a xrcond tlasf rouif/nrtmrMt
in a special Race hxprean rannintj thnniffh — AccuJted found gamhlinff at the licrer.tirtj
Station^ where the train stopped for engine pur poie* — Puhlic place — Interpretation.

The worcl " place," in 8. 12 of the Bombay Prevention of Gambling Act 1887, is
qualidecl by the wonl " public," and having regard to its context and its position in that
context, it must mean a place of the same general character as a *' road or thoroughfare,"
else it was pointless to use the wonls " street or thoroughfare " as they are there use<l.

A railway carriage forming part of a through special train is not a public place
within the meaning of s. 12 of the Bombay Preventi<m of Gambling Act, 1887.

Per Jenkiwty C. J, — I would be slow to place on the section (s. 12) an interpretation
that wouhl curtail its legitimate scope, but 1 am unable to regard tiic railway carriage
in which the accused were as possessing such characteristics of, or bearing such a
general resemblance to, a street or thoroughfare as to justify us in holding that it was
a public place within the meaning of s. 12.

Per Itujfsell, .7.-1 am of opinion that to call or describe either the railway line at
the spot in question (i. e., at the Reversing Station where the train stoppetl for engine
purposes only and where the public would not have any right without the permission
of the railway Company to be on the line at all) or the carriage (in a special train
which took no imssengers between the two terminii of the journey) in which the
accused were playing as coming within any of the terms •' public street, pla<'c or
thoroughfare " (in s. 12 of the Bombay Prevention of Gambling Act) wouhl be to phwv
a wrong interpretation upon those words.

Emperor r. Hussein Noor Mahomed ... ... ... ... 2!ri

Bombay RefirUlatlOn [XII of 1827], s. 27 —Xotice— District Magijtfrate-Ac'
titm with respect to suspected characters— Procedure to prove the sw^pected character —
Assent of the jterson dealt with.

Before any action, under s. 27 of the Bombay Regulation XII of 1827, can be taken
against a person (1) he must be shown, in accordance with legal proce<lure, t<> have
been a suspected person and (2) his assent to the measures ad.)pte<l should be taken.

Emperor r. Kavtik Chaitram ... ... ... ... ... 338

Burden of Proof, f^^^e p. c, s. 403 ... ... ... ... 2i>9

BurmaGambllnfiTAct [lof 1899], s. 17. .sr./» Cr. p. c, s. .55 ... ... 2^}

Calcutta Municipal Act [in B. C. of 1899], s. U9— Demolition of building,
order for — Deriatianfrom plan sanctioned— Ansess me ni on the deviation — Acquiescence
— Order made long ajter notice— Order ^ if nroper — Order, propriety of ^I Ugh (\urt^
jurisdicVum of, to recise su.'h order — Coae if Criminal Procedure ( Act yofJSV:Sj,
s. 43.^— Jte vision, jMwer of— Discretion of Magistrate.

The General Committee, if satisfied, of the existence of the circumstances mentiont^l
in section 4-19 of the Calcutta Municipal Act, may or may not make an application to
the Magistrate for demolition of a buikling or a |xu-tion of it erwtcd in violation of or
contrary to the plan sanctioned by the Municipality, but A-hcn such an applicati<m is
made to the Magistrate, he also has a discretion either to make or to refuse the onler
under section 449 of the Act.

When a Magistrate has not properly exercisetl his discretion, the onler is not a
proi)er onler and the High Court has power to set it side.

HHEIKH ABDOOL 8AMAD V. THE CORPORATION OF CALCUTTA ... ... 21 1



s. 576 — liefiual to return a phtn to which sanction has been obtained by misreprcxcn-
tation and fraud —Order precluding the petitioner from building according to itnrh
plan — Magistrate not competent to mahe suck order.

Where in a prosecution under section 449 of the Calcutta Muni<'ipal Act, the
Magistrate acquittetl the accuse*! under section .579 of the Act, but found thut the
sanction to the plan ha<l been obtained by misrepresentation and fraud, ami maile an
onler pmhibiting the petitioner fn)m buihiing the second story on the basis of such plan
and directing that the sanctionetl plan filed by him be not returnetl to him.

J/eld^ that the Magistrate was not competent to make an order of that description.

>'Or.ENDRA NATH SAPKHAN r. THE CORPORATION OF CALCUTTA ... ... 21. "i



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Sre Calcutta Municipal



Kulcs 94 ami 104 — Xtttirf to rfpitir hntufalinr —



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Calcutta Municipal Act [ni B.c.of 1899], s. uasrhrduh xrii, jrvU 17.

— Deniolithm of huUdlngt ovfgid^ ^tunctloned plan and extgting for a long tiinf^ illegal.
What a Ma^istrat? is emwowercl to direct to be <lemolishe(l under section 449 of
the Calcutta Municipal Act, is work which forms |>art ui the plan sanctioned, and
which contravencM S4)mc provision of the Act or of the bye-laws in force with reference
to the erettion of buildings, and not buildings outside such sanctionetl plan and existing
fur a Jon«j time.

Joseph Isaac Jo-^eph Hyam r. Ths Calcutta Corporation ... ... 40.">



Act, 8. 440 ... ... ... ... ... ... ... 21.'»

Cantonment Code, 1809, so tion m (l), {g)~GunihUng-~ Common gaming
/lotue. Vaeof.

Held, that persons found jramblinp in a common gaming house cannot l)e said to >)c
vx'ing the house as a eommoii gaming liou^e witliin the terms of sc( t!o:i fi(> (1). (g) of (ho
Cantonment Code, 1899.

Madho r. Empi:ror ... ... ... ... ... ... 78

ss. 94, 104.



A notice under secticm 94 of the Cantonment Code must give the owner the option
of removing the buihiing or making ;nle(|uate repairs.

And a conviction under s.'*tion 104 ol the ('antonment Code for not o)>eyinga notice
issuc<l under section 91 winch merely re iu:re<l removal of the building is ilfegal.

Emperor r. C. Bevan Petman ... ... ... ... ... 301



Illegal nitt'tre -HerUiin —(Ytminul rajtes —Jurisdiction of Criminal (oini* tj enquire
into the legality of n it ire.

It is only such repairs as may b'.» necessary for the public safety that can ba ordered
by a notice under Uule 94 of th' Cant >:nnLMit C.).le, 1899. The safety of the tenant of a
bungalo.v or of his guests, servants ami animals does not fall within the meaning of
public safety.

When a person i; a-cus.nl of not complying with a notice i.ssue<l under Rule 94 of
the Cantonment (N^le, it is tiie duty of the Magistrate to decide, whether the notice was
proper and le.rally issue<l, P. II., 19 •;/1894 ( ('r.J dixttented from. Where in a case the
Magistrate hail n ►t done so, an<l the notice wtvs l\)und to be illegal, tlie Chief Court, on
revision, set a>i<le the order of con\ iet.on.

Wazir Ullah r. Emperor ... ... ... ... ... 346

s. 104. S'e Cantonment CjkIc, s. 94 ... ... 301

ss. ir»7, 168, \7A~^Krated uuitrrM. License for sale

of condition'* of license — Hrejch oj ultra vires ccndilion^.

A licensee for sale of nerate 1 water-* in a cantonment cannot be convicted of the
breach of comlitions of the licence which are nlira rires.

Section 108 of the Cantonment C ) le authorise^ the Cant )nment Committee to lay
down the sources from wliich the water use<l in the manufacture of a*ratc<l waters is pro-
cured. It has no iM)\vcr to select manufacturers as such.

Emperor r. Trabii Dial ... ... ... ... ... 131

s. 168. iSV Cantonment Act, s, 167 ... ... 131

"S. 173. S^e s. 167 ... ... 131



Cattle Trespass Act, [I of 1871], s. lO. See Penal Code, s. 302 ... 181

Civil Procedure Code [xiv of i8S2]. s. 622. See cr. p. c, s. 195 ... 400

Cognizable offencef '^•''''V'^'''''^ 'jA-''^'''''''^ '//''*' '''''*''*''^ ^^''^ "p ^y P^'Uf^f* -

Trial and co/irictinn hg D.^indg Mugitdrote -Mtigiittrafe of the ])is' rict, jnrixdiction

of^ to order pr,>^PcnHon of remiiininj accn^cd Cognizance of complain^ againd them —

Order, propriety of Code of Criminil Procednr,' (Act V of I SOS j, xec. 190.

On a complaint of a cogni7. ibh^ olTence, the Police sent up some only of the accuse«l

persfms who v.ere tried an I co:i\ictiil by a Deputy Magistrate : subsejuently the Dis-

I ricl Magistrate or Deputy Commissioner v.'hile inspecting the Poliee out|M>>t maile a

n»»te that the remaining accus-d sh«)uid be sent up and thv-reupon the remaining accusetl

were sent up for trial an«l the case was made over to the same Deputy Magistrate ;

Held, that nothing was made over to the Deputy Magistrate at first except the caw
of H(mie of the accus'"! who had been prcviou-ly tri"d an<l convicte«l,



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rage.

Cofifn hcable offFence— continued

HM aUo, that the proceedings tAken against the remaining accused without any
one formally taking cognizance of the case were irregularly instituted and should be set
aside.

Jhabu Jhola r. Shukh Deo Singh ... ... ... ... 209

Comjpensatton. See cr. p. c, s. 2.50 ... ... ... 8«, 390, 441

for frivolous Complaint. See Cr. P. C, s. 250 ... ... 12.^

Complaint. ^Si?<? Cr. p. c, s. 195 ... ... ... ... ... 112

■ of cognizable offence ... ... ... ... ... 209

Confession adhered to before Qwimiitlmf Jffrffijftrfite fmt retracted at trial oh

gnrund of ill'treatinent hy Police — CoHfeMton repeated before Committing Magittfntte

in presence ofjfoliec — f'ncori*oborated coftfession.

Though there is no rule of law that a retracted confession must be supportetl by in-
dei)endent evidence, still the use to be made of such a confession is a matter of prudence
and so the use, which the court makes of a retracte<l confession, depends on whether
the court believes it or not, and in determining whether to believe it, the court must be
guided by the circumstances of the case, that is, the evidence produced which is consis-
tent or inconsistent with the confession.

If each of the accused persons acknowledges having taken an active part in an
offence, the implication is sufficiently substantial to warrant the use of the confession of
one against the other or others, if the confes-^ions are regarde<l as voluntary and true.

Emperor r. MoH AX Tribho VAN ... ... ... ... ... 312

AdmiMibilitij of^lndneemeid to confer. See Evidence Act, s. 24 ... 824

Contempt Of Court, s*- p. c, s. 188 ... ... ... ... 150

COUncWWnCLOW^nt—lhtty of Chnnnelto ad trine hiit client who teas acctised
in a case not to answer qucjgt ions put by Court.

A Counsel may legally advise his client at his trial for an offence not to answer
questions put to him by Court.

Mr. a. r. Emperor ... ... ... ... ... ... 1»4

COUrtFeeS Act [VITof 1870], S.31. ^^ Cr. p. C, s. 423 ... ... 4fiO

Criminal Procedure Code [Act v of i898], Chapter XIV investi-

gation thereumler. See Judicial l*roceeding ... ... ... ... 370

Chapter XX—Summwis

case— Commitment to Court of Sessions— quashed.

Where a person was committal for trial to the Court of Session on charges under
sections 3.52 and 447 of the Indian Penal Cole by the Magistrate, held, that the com-
mitment should be quashed, first, because there is no warrant for such commitment, it
being a summons case, and, secondly, because the Magistrate can atlequately punish the
offender.

Emperor r. Dharam Singh ... ... ... ... ... 94



s. ie,c\.(i\)— Bench of Jlonor'

ary Magistrates — Difference, mode of settling — Chairman^s casting ntte—Itnles
framed by (iovernment — Itule Xo. (?, // ultra vires.

Per curiam {(whose and Pratt, J J., contra) : — Rule 6 of the rules framed by the
Ijocal Government under sec. 16 of the Cotle of Criminal Proce<lure, pn)viding that when
the members of a bench of Magistrates are even, the view of the Chairman shall prevail,
is not inconsistent with the Code.

Per Ghose and Pratt, J J. — The rule is ultra rires.

Kailash Chandra Indu r. Kali Prosunno Roy ... ... ... 409

s. 35. See Whipping Act ... 348

ss. 64, 61— lf7i<^/<^r the mtrds



^* officer subordinate'''' in s, 56 not limited to a Police-officer — Th^ include a rillage
chowkitlar— r//%<? Choahidari Act (VI of 1870, B. C), s.3d—Pcnul Code (Act
XL Vof I860), s. 225 B.— Arrest by ChovfkkhiT—Besistance.

In view of the provisions of s. 39 of the Village Chowkidari Act, a chowkidiir is sub-
ordinate to an officer in charge of a police-station. An "officer subonlinate," as mentioned
in s. 56, Cr. P. C, is not limited to a police-officer as in ss. 54 and 67 to 61 of the Code.

An arrest by a chowkidar under s. 56, Cr. P. C, in pursuance of a written order
from an officer in charge of a police-station, is legal ; anil its resistance is an offence
under s. 225 B., I. P. C.

Dahubal Sircar r. Emperor ... ... ... ... ... »n



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107 and W^j— Attempt to



■ «, 110 — Securitij for yiHtd

heh^rioHr^Enqui I'ij held onUide the heal lhnit« o/ the Maffiitrate'if JmrhdictioH —
Proceedings taken tc.^ten the person i* otUttide such jurhdiction.

An enquiry under section 110 of the Cofle of Criminal Procedure, should not be
coudajted by a Magistrate at a place which is outsitle the looal limits of his jurisdictiou
and where he has no power to conduct any proceedings.



l*agc



Criminal Procedure Code [Act v of i898]. hs. 55, 112, 114, Wo.^Burmi

Gambling Act, 1899, section 17 — Ecidence— Arrest— Procedure.
Section 55 of the Code of Criminal Procetlure, 1898, does not empower the Police to
arrest persons who are 8U8j>ected of earning their livelihood by unlawful gaming.

Emperor r. Kyaw Dun... ... ... ... ... ... 20

- _ ^ 8.56. iS^f? Cr. P. C, s. 54 ... 201

— -^ ^_ -8.61. 5^/? Cr. P. C, s. 54 ... 201

~ - — 88. 87, 88 — Absconding ac-

cHsed — Proclamation and attachment.
When a Magistrate is asked to proclaim an accused person he should first of all take
evidence that the accused has absconded. When the absconding is proved he should rcconl
evklence of the oflPence -under section 512. Then if he considers that there is sufRcicnt
prima facie proof of the offence he can proceed under sections 87 and 88. But Magis-
trates should use their discretion under these sections and should not ordinarily proclaim
an accused when the oflfence is a petty one.

Emperor r. Po Ni ... ... ... ... ... ... 353

^ ^ s. 88. See Cr. P. C, s. 87 ... 353

_ g^ 90, — Warrant of arrest

instead of summons.

In a case in which a summons should ordinarily issue, a warrant of arrest cannot
be issued unless the conditions of section 90 are fulfilled. A written report by a Police
Officer is not evidence of service of summons under clause (bj of section 90.

Emperor r. Po Ni ... ... ... ... ... ... 853

^__. _ ^ ^ _„ _ 8.106 — Appellate Co uti can-

n-yt bind orer to k'*ep pe^ce when Lmer Court not one of the class referred to in the
section, and no breach of the 2feace committed.

An accused person cannot be bound over to keep the peace under section 106 of the
Code of Criminal Procedure unless he is convicted of an offence of which a breach of
the peace is a necessary ingredient and unless it is found that a breach of the peace has
actually occurretl.

An App3llate Court cannot exercise the power under the section when the accused
has not been convicted by a Court such as is referred to in the section.

MuTHiAH Chetti r. Emperor ... ... ... ... ... 401



eject by force a person in possession of immoveable jrropertg — Jvri«diction — Procedure.

Where certain persons wrongfuUy and without any bitna Jfde claim to possesion,
sought to eject another by force from the possession of certain laud, and a breach of the
peace was imminent, it was held that a Magistrate might legally t:ike action against the
aggressors under section 107 of the Code of Criminal Procedure and it was not neces-
sary, on the finding that their claim was not bond Jide, to take proceedings under section
145 of the Code.

Emperor v. Ram Baran Sinoh ... ... ... ... ... 323

■■: 8. 110. See Cr. P. C, s. 514, 91

■ s. \\i}— Security for good be-



hneiimr — Appeal to District Magistrate — District Magistrates poicer — Further in-
qniry.

Where a District Magistrate in an appeal against an order to give security for good
behaviour under s. 110, Cr. P. C, directetl a further inquiry on setting aside the onler au<l
also directetl that an increased security should be required from the persons proceedetl
against, the Might Court

Held, that the District Magistrate had no power under the law to onler the further
inquiry in the terms in which he did.
The order was accordingly set aside.
Dayanath Taluqdar r. Emperor... ... ... ... ... 243



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Criminal Procedure Code A^r v of ivih . .. n,, ,...., ., ,i

Til • |» Ti^iii a.'aiii-t w »i<i II |.ri» -c- l.ii«'- ar«" tak^'it u'l'l r '^■*t. -i, J Jit. ('r n. lal Tr-^-
ri- lur*' r^i If. Ill I r b •. at tti- tiiii" wh-ii *i li prntt-ii m/-* ar«- lak* n. v. ."j..i tti • 1 ■ ai
liinir^-ff th • j iri'-li -r.-in «/ ih • M i/i-T.it • »a\;'i; ^.i -h i»r.»-f.* i. .•.'-.

N«»ii-"'mi|»!i in •*' w th til -*• f»rnri'.«.ri-. v.tht.-. iiv.- pro**.* • iisu'* a* lu^'W ^^'.'\."•v
jiiri-li< tio:). and th** onl t iia-** - I nr)>.t U,- ^'.•t a-j'l**.

SONA KaM H. SaNOMA r. EllPCfU>K ... ... ... ... '2i*''

- . 11«» .1. (f.. 112ai..I 117
Knd^H''^ of if ^ifra^ T'^^mtfi, ad n'mohtltt tj nf -Jfrsjtentt^ uitH dunjrr.n* rUurartrr.
drtinit^ faHm HTPAtury to eAtahltMh rh mje #/ }*eittfj.

//•W, t'lat nri.l r HI*, no r). /;/•,, 112 and 117 of th.- Criiiuial Pr.» -1.it.- ('.-!.-.
cvidfiK-.- of III Tc j/i'ii Tal r-|nr- in n »t -uii -i -i* t.j.r*..- thit a \* r^»:i i^-^.d -
|» -rit^- and dari^' nm- a <'li ir^^-t -r. th it h • t-aiiUMt b.- all«iAt- 1 lo r.[ii tin at ia'."-. but rliat
M 'h a till I in;: niU"*r b* \r\'<- 1 ou ovi 1 n •• of fa<n*. it i* no* ».ulti i -it i • d«. - • on vauuc
an I v'«''i'*ral evid-n •<• thit *o:n- o:ie v.a^ rob}**.-!! or b-atcn ami |t'M|ilf -^ay liiat th.- a'xu-
fr.ll wa** rf>|»*»riMbl«' for it.

BABU MuBTAZA HlSAIN r, EMPKBOH ... ... ... ... -**.»•>

*•. ]!•» Stuttrittj ft»r tjtmtd
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Online LibraryKarl HeimThe Criminal law journal of India : a monthly legal publication containing full reports of all reported criminal cases of the high courts and chief courts in India → online text (page 84 of 91)