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Emperor Vs. Varadan and anr.

Emperor vs Varadan and anr.

Type Court Judgment Court Chennai Decided Apr 18, 1910
~1 min read
https://sooperkanoon.com/case/816262

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

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

Penal Code (Act XLV of 1860), Sections 379, 429 - Appeal against two convictions--Setting aside of one conviction and confirming the sentences in both--Enhancement of sentences. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Emperor

Respondent

Varadan and anr.

Legal References

Reported In
7Ind.Cas.415

Excerpt

penal code (act xlv of 1860), sections 379, 429 - appeal against two convictions--setting aside of one conviction and confirming the sentences in both--enhancement of sentences. - ordermiller, j.1. the magistrate should have reduced the sentence when setting aside the conviction for one of the offences in respect of which the sentence was imposed. otherwise according to the decisions he must be held to have enhanced it. the sessions judge does not suggest that the punishment awarded is excessive. i reduce the sentence by seven days.

Full Judgment

ORDER

Miller, J.

1. The Magistrate should have reduced the sentence when setting aside the conviction for one of the offences in respect of which the sentence was imposed. Otherwise according to the decisions he must be held to have enhanced it. The Sessions Judge does not suggest that the punishment awarded is excessive. I reduce the sentence by seven days.

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