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In Re: Uppala Kotayya Nagaram - Court Judgment

SooperKanoon Citation

Subject

Criminal

Court

Chennai

Decided On

Judge

Reported in

AIR1916Mad683(1); 30Ind.Cas.656

Appellant

In Re: Uppala Kotayya Nagaram

Cases Referred

Queen v. Nabi Saheb

Excerpt:


penal code (act xlv of 1860), section 224, appeal from conviction for offence under - appellant pleading illegality of confinement in stock owing to his respectability--appellate court, duty of. - orderayling, j.1. the sub-divisional magistrate remarks that accused was 'not a pariah, but a govandla ryot owning some lands to whom imprisonment in stocks is a great disgrace;' and on this account has reduced the sentence. he does not appear, however, to have considered whether in view of these circumstances accused was liable to the punishment of confinement in the stocks. if on this ground the sentence of confinement in the stocks was illegal, accused cannot be convicted of an offence under section 224, indian penal code, in escaping from it.2. the order of the sub-divisional magistrate is set aside: and he is directed to restore the appeal to file and dispose of it according to law in the light of the above remarks and of the decision in queen v. nabi saheb 6 m.k 247 : 1 weir 927.

Judgment:


ORDER

Ayling, J.

1. The Sub-Divisional Magistrate remarks that accused was 'not a pariah, but a govandla ryot owning some lands to whom imprisonment in stocks is a great disgrace;' and on this account has reduced the sentence. He does not appear, however, to have considered whether in view of these circumstances accused was liable to the punishment of confinement in the stocks. If on this ground the sentence of confinement in the stocks was illegal, accused cannot be convicted of an offence under Section 224, Indian Penal Code, in escaping from it.

2. The order of the Sub-Divisional Magistrate is set aside: and he is directed to restore the appeal to file and dispose of it according to law in the light of the above remarks and of the decision in Queen v. Nabi Saheb 6 M.K 247 : 1 Weir 927.


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