BasiruddIn and ors. Vs. King-emperor

BasiruddIn and ors. vs King-emperor

Type Court Judgment Court Kolkata Decided Jan 21, 1927

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Citation: sooperkanoon.com/880821
Court: Kolkata
Decided On: Jan 21, 1927
Subject: Criminal

Case Summary

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

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

BasiruddIn and ors.

Respondent

King-emperor

Legal References

Cases Referred: I.P.C. Kiamuddi Karikar v. Emperor
Reported In: AIR1927Cal931a,101Ind.Cas.660

Excerpt

- 1. in this case the petitioners have been convicted under section 117, i.p.c. and sentenced to nine months' rigorous imprisonment. they have also been convicted under section 325 read with section 149, i.p.c. and sentenced to nine months' rigorous imprisonment each the sentences to run consecutively. the separate sentences under these two sections are clearly illegal in view of the provisions of section 71, i.p.c. kiamuddi karikar v. emperor : air1924 cal771 . we accordingly set aside the sentences passed under section 147, i.p.c. the petitioners will serve out the sentence of nine months' rigorous imprisonment under section 325, 149, i.p.c. the order under section 106, criminal p.c. upon the accused is maintained.

Full Judgment

1. In this case the petitioners have been convicted under Section 117, I.P.C. and sentenced to nine months' rigorous imprisonment. They have also been convicted under Section 325 read with Section 149, I.P.C. and sentenced to nine months' rigorous imprisonment each the sentences to run consecutively. The separate sentences under these two sections are clearly illegal in view of the provisions of Section 71, I.P.C. Kiamuddi Karikar v. Emperor : AIR1924 Cal771 . We accordingly set aside the sentences passed under Section 147, I.P.C. The petitioners will serve out the sentence of nine months' rigorous imprisonment under Section 325, 149, I.P.C. The order under Section 106, Criminal P.C. upon the accused is maintained.

Same Parties BasiruddIn and ors. vs King-emperor Same Subject Criminal

Criminal