| SooperKanoon Citation | sooperkanoon.com/461202 |
| Subject | Criminal |
| Court | Allahabad |
| Decided On | Mar-30-1922 |
| Judge | Lindsay, J. |
| Reported in | (1922)ILR44All550; 66Ind.Cas.423 |
| Appellant | Emperor |
| Respondent | Durga Prasad |
Excerpt:
criminal procedure code, sections 202 and 203 - case partially inquired into--subsequent order directing a local investigations--results of investigation taken into consideration against the accused. - lindsay, j.1. for the reasons stated in the referring order of the sessions judge, i set aside the conviction and sentence of the accused, durga prasad, and direct that he be re-tried before a competent magistrate along with the two other accused, namely, sahai and madho, in whose case a re-trial has been directed by the learned sessions judge.
Judgment:Lindsay, J.
1. For the reasons stated in the referring order of the Sessions Judge, I set aside the conviction and sentence of the accused, Durga Prasad, and direct that he be re-tried before a competent Magistrate along with the two other accused, namely, Sahai and Madho, in whose case a re-trial has been directed by the learned Sessions Judge.