Emperor Vs. Dwarka Poonja

Emperor vs Dwarka Poonja

Type Court Judgment Court Mumbai Decided Jan 11, 1912

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Citation: sooperkanoon.com/327127
Court: Mumbai
Judge: Chandavarkar and ;Batchelor, JJ.
Decided On: Jan 11, 1912
Case Number: (sic) Revision No. 361 of 1911
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code (Act XLV of 1860), Section 309-Suicide--Attempt-Leaping into a well to avoid police torture.;The accused jumped into a well to avoid and escape from the Police; and when rescued he came out of the well of his own accord :-;That in absence of evidence that he jumped into the well to commit suicide, he coul...

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Dwarka Poonja

Legal References

Reported In: (1912)14BOMLR146

Excerpt

penal code (act xlv of 1860), section 309-suicide--attempt-leaping into a well to avoid police torture.;the accused jumped into a well to avoid and escape from the police; and when rescued he came out of the well of his own accord :-;that in absence of evidence that he jumped into the well to commit suicide, he could not be convicted of an offence under section 3o9 of the indian penal code. - - order 1. there is no evidence that the accused jumped into the well to commit suicide; the evidence shows that he came out of the well of his own accord.order1. there is no evidence that the accused jumped into the well to commit suicide; his own version is that he jumped just to avoid and escape from the police. the evidence shows that he came out of the well of his own accord. the court therefore/quashes the conviction recorded against and sentence passed upon the accused dwarka poonja.

Full Judgment

ORDER

1. There is no evidence that the accused jumped into the well to commit suicide; his own version is that he jumped just to avoid and escape from the Police. The evidence shows that he came out of the well of his own accord. The Court therefore/quashes the conviction recorded against and sentence passed upon the accused Dwarka Poonja.

Same Parties Emperor vs Dwarka Poonja Same Subject Criminal Same Judge Chandavarkar and ;Batchelor, JJ.

Criminal