Queen-empress Vs. Ishwar Chandra Sur - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/868384 |
| Subject | Criminal |
| Court | Kolkata |
| Decided On | Oct-24-1884 |
| Judge | Wilson and ;Macpherson, JJ. |
| Reported in | (1885)ILR11Cal13 |
| Appellant | Queen-empress |
| Respondent | ishwar Chandra Sur |
Excerpt:
criminal procedure code - act x of 1882, sections 109, 110 and 112--security for good behaviour. - macpherson, j.1. we think the sessions judge is right and that the order must be set aside. the record does not show, and the magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.2. it is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one under section 109 or section 110 of the criminal procedure code.
Judgment:Macpherson, J.
1. We think the Sessions Judge is right and that the order must be set aside. The record does not show, and the Magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.
2. It is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one under Section 109 or Section 110 of the Criminal Procedure Code.