The Queen Vs. Bojjigan - Court Judgment

SooperKanoon Citationsooperkanoon.com/774348
SubjectCriminal
CourtChennai
Decided OnFeb-24-1882
JudgeInnes and ;Muttusami Ayyar, JJ.
Reported in(1882)ILR5Mad22
AppellantThe Queen
RespondentBojjigan
Cases ReferredThe Queen v. M. Sins
Excerpt:
lawful custody, escape from - indian penal code, section 224--custody of village officers. - innes and muttusami ayyar, jj.1. the second-class magistrate convicted the accused of theft and escape from lawful custody.2. the sentence of two months' rigorous imprisonment awarded for teh latter offence must be set aside.3. the custody of the fifth and sixth witnesses--a talyari and a totti respectively--from which the prisoner is said have escaped was not a lawful custody, as the offence of theft was not committed in the presence of either of them (criminal procedure code, section 1051), and they are not police officers.4. the queen v. m. sins/p>order accordingly.1. section 105 - any private person may arrest any person who, in his view, eommits a non-bailable and cognizable offence.
Judgment:

Innes and Muttusami Ayyar, JJ.

1. The Second-class Magistrate convicted the accused of theft and escape from lawful custody.

2. The sentence of two months' rigorous imprisonment awarded for teh latter offence must be set aside.

3. The custody of the fifth and sixth witnesses--a Talyari and a Totti respectively--from which the prisoner is said have escaped was not a lawful custody, as the offence of theft was not committed in the presence of either of them (Criminal Procedure Code, section 1051), and they are not Police officers.

4. The Queen v. M. Sins/p>

Order accordingly.

1. Section 105 - Any private person may arrest any person who, in his view, eommits a non-bailable and cognizable offence.