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In Re: Kurumba Hosakeri

Type Court Judgment Court Chennai Decided Mar 14, 1910
~1 min read
https://sooperkanoon.com/case/815789

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 367(5) - Offence punishable with death--Accused sentenced to imprisonment--Reason to be assigned. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Kurumba Hosakeri

Legal References

Reported In
7Ind.Cas.397

Excerpt

criminal procedure code (act v of 1898), section 367(5) - offence punishable with death--accused sentenced to imprisonment--reason to be assigned. - 1. we agree with the sessions judge that the evidence establishes the guilt of the accused. the sessions judge has apparently overlooked the provisions of section 367(5) of the criminal procedure code which require him to state his reasons for not passing sentence of death in a case in which he convicts an accused person of an offence punishable with death.2. we confirm the conviction and sentence and dismiss the appeal.

Full Judgment

1. We agree with the Sessions Judge that the evidence establishes the guilt of the accused. The Sessions Judge has apparently overlooked the provisions of Section 367(5) of the Criminal Procedure Code which require him to state his reasons for not passing sentence of death in a case in which he convicts an accused person of an offence punishable with death.

2. We confirm the conviction and sentence and dismiss the appeal.

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