In Re: Shumsher Khan

In Re: Shumsher Khan;The Empress vs ;shumsher Khan

Type Court Judgment Court Kolkata Decided Feb 07, 1881

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Citation: sooperkanoon.com/852445
Court: Kolkata
Judge: Cunningham and ;Prinsep, JJ.
Decided On: Feb 07, 1881
Subject: Criminal

Case Summary

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

Criminal Procedure Code (X of 1872), Section 36 - Confirmation of Sentence by Sessions Judge. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Shumsher Khan;The Empress

Respondent

;shumsher Khan

Legal References

Reported In: (1881)ILR6Cal624

Excerpt

criminal procedure code (x of 1872), section 36 - confirmation of sentence by sessions judge. - cunningham, j.1. we think that the appeal must be dismissed, on the ground that there is no sufficient reason shown for calling in question the deliberate conclusion at which the magistrate has arrived.2. with regard to the point that the sentence required the confirmation of the sessions judge, we think that the words of section 36 of the code of criminal procedure must be construed to refer to cases in which the sentence of imprisonment is a sentence of upwards of three years, and to leave aside any sentence the magistrate may pass as to fine or whipping.3. we, therefore, think that it is unnecessary for the sentence in this case to be confirmed by the sessions judge.4. the appeal is dismissed.

Full Judgment

Cunningham, J.

1. We think that the appeal must be dismissed, on the ground that there is no sufficient reason shown for calling in question the deliberate conclusion at which the Magistrate has arrived.

2. With regard to the point that the sentence required the confirmation of the Sessions Judge, we think that the words of Section 36 of the Code of Criminal Procedure must be construed to refer to cases in which the sentence of imprisonment is a sentence of upwards of three years, and to leave aside any sentence the Magistrate may pass as to fine or whipping.

3. We, therefore, think that it is unnecessary for the sentence in this case to be confirmed by the Sessions Judge.

4. The appeal is dismissed.

Same Parties In Re: Shumsher Khan;The Empress vs ;shumsher Khan Same Subject Criminal Same Judge Cunningham and ;Prinsep, JJ.

Criminal