Koila thevan Vs. Emperor

Koila thevan vs Emperor

Type Court Judgment Court Chennai Decided Mar 10, 1910

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Citation: sooperkanoon.com/803573
Court: Chennai
Judge: Miller, J.
Decided On: Mar 10, 1910
Subject: Criminal

Case Summary

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

Madras Village Police Regulation (XI of 1816), Section 10 - Kallan--Whether one of lowercaste. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Koila thevan

Respondent

Emperor

Legal References

Cases Referred: Rattigadu v. Konda Reddi
Reported In: 5Ind.Cas.797

Excerpt

madras village police regulation (xi of 1816), section 10 - kallan--whether one of lowercaste. - ordermiller, j.1. the accused was a kallan and was found by the village magistrate guilty of abusive language and sentenced to three hours confinement in the stocks. the offence was undoubtedly an offence of abusive language and the village magistrate was competent to punish it. but i am bound by the decision in queen v. nabi sahib 6 m.a 247; rattigadu v. konda reddi 24 m. 271 and it seems to me that the interpretation put in those cases on the phrase in the regulation, the lower castes of the people would exclude the kalian caste from that category. i do not think the kalians were ever regarded as a servile caste. the sentence is set aside. no further proceedings need be taken in the matter.

Full Judgment

ORDER

Miller, J.

1. The accused was a Kallan and was found by the Village Magistrate guilty of abusive language and sentenced to three hours confinement in the stocks. The offence was undoubtedly an offence of abusive language and the Village Magistrate was competent to punish it. But I am bound by the decision in Queen v. Nabi Sahib 6 M.A 247; Rattigadu v. Konda Reddi 24 M. 271 and it seems to me that the interpretation put in those cases on the phrase in the Regulation, the lower castes of the people would exclude the Kalian caste from that category. I do not think the Kalians were ever regarded as a servile caste. The sentence is set aside. No further proceedings need be taken in the matter.

Same Parties Koila thevan vs Emperor Same Subject Criminal Same Judge Miller, J.

Criminal