Atma Singh Vs. Emperor

Atma Singh vs Emperor

Type Court Judgment Court Privy Council Decided Jul 23, 1945

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Citation: sooperkanoon.com/945701
Court: Privy Council
Judge: Lord Thankerton, Lord Goddard &Amp; Sir John Beaumont
Decided On: Jul 23, 1945
Case Number: Privy Council Appeal No. 14 of 1945 (From Lahore)
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Atma Singh

Advocate G.S. Rewcastle and K.V. Krishna Menon for Appellant; G.D. Roberts and S.P. Khambatta for the Crown. Solicitors for Appellant, Stanley Johnson and Allen; Solicitors for the Crown Solicitor, India Office.

Respondent

Emperor

Legal References

Reported In: AIR1946PC12

Excerpt

lord thankerton: in the present appeal it appears now that the appellant, while challenging the evidence of the approver, does not in any way challenge the findings of the court with regard to the search for, and recovery of, a revolver and its connexion with the accused and with the crime. that being so, it seems to their lordships unnecessary to go any further into a consideration of the approver's evidence because if it is set aside it is clear that there has been no serious miscarriage of justice, there being amply sufficient evidence in the findings with regard to the revolver, taken along with the dying declaration of the deceased and the evidence of the deceased's elder son, so far as they go, in corroboration of the circumstances. that being so, their lordships cannot do otherwise than humbly advise his majesty that this appeal should be dismissed. appeal dismissed.

Full Judgment

Lord Thankerton:

In the present appeal it appears now that the appellant, while challenging the evidence of the approver, does not in any way challenge the findings of the Court with regard to the search for, and recovery of, a revolver and its connexion with the accused and with the crime. That being so, it seems to their Lordships unnecessary to go any further into a consideration of the approver's evidence because if it is set aside it is clear that there has been no serious miscarriage of justice, there being amply sufficient evidence in the findings with regard to the revolver, taken along with the dying declaration of the deceased and the evidence of the deceased's elder son, so far as they go, in corroboration of the circumstances. That being so, their Lordships cannot do otherwise than humbly advise His Majesty that this appeal should be dismissed.

Appeal dismissed.

Same Parties Atma Singh vs Emperor Same Subject Criminal Same Judge Lord Thankerton, Lord Goddard &Amp; Sir John Beaumont