Allahabad Court September 1909 Judgments
Umed Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-09-1909
Reported in: 5Ind.Cas.178
Tudball, J.1. The two appellants, Umed Singh and Tilok Singh, were tried at one and the same trial in the Court of the Deputy Commissioner and District Magistrate of Almora on ten distinct charges of offences under Section 161, Indian Penal Code. Of these ten charges, two might possibly be said to be part and parcel of the same transaction. The remainder were distinct and separate offences. Briefly put, the fact alleged by the prosecution are as follows: A theft or series of thefts had taken place at the house of General Wheeler of Jalna. The two appellants were ordered to investigate and the case against them is that they arrested people and then after extorting money from them, allowed them to go. The District Magistrate has held that six of the charges are proved and has convicted and sentenced the appellants thereon. It is quite clear that the trial is an illegality and that the convictions and sentences must be set aside. The ruling of the Privy Council in Subrah mania Ayyar v. Ki...
Tag this Judgment!Musammat Ajuba and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-09-1909
Reported in: 5Ind.Cas.450
Tudball, J.1. The two applicants, Musammat Ajuba and Butan Singh were tried together with one Manni Lal on a charge of illicit sale of opium under Section 9 of Act I of 1878. Manni Lal was fined Rs. 60. The two applicants were fined Rs. 25 each. The former appealed to the Sessions Judge who held that the offence was not proved and acquitted him. The two present applicants applied to him in revision in their cases but their application was rejected. They have now come to this Court in revision. The facts appear to be briefly as follows: The police raided the house in question, and found several persons present, one of whom was smoking chandu. On the premises were found three pipes, two iron needles, one pair of tongs, one lamp and one smoking pillow. The amount of the drug found in the house was within the limit allowed by law. There is no evidence whatsoever of the sale of opium by the applicants. The Magistrate relied upon the decision of this Court in King-Emperor v. Bakir A.W.N. (19...
Tag this Judgment!Emperor Vs. Lala and ors.
Court: Allahabad
Decided on: Sep-01-1909
Reported in: 5Ind.Cas.176
Tudball, J.1. One Gobardhan filed a complaint in the Court of a first class Magistrate, against Badam and Lala to the effect that Badam's daughter was married to Gobardhan's son, that Badam had come to Gobardhan's house and taken away the girl and re-married her to Lala, that on his going to Lala's house, Lala prevented the girl from returning with him though she was willing to do so. On these allegations Gobardhan preferred a charge under Section 498, Indian Penal Code, against Badam and Lala. The Magistrate added Musammat Nihalo, the daughter of Badam as an accused person and has committed all three for trial to the Court of Sessions, on a charge of bigamy under Section 494, Indian Penal Code. The learned Assistant Sessions Judge has referred the matter to this Court asking that the commitment might be quashed on the point of law that there is no complaint by a person aggrieved of an offence under Section 494, Indian Penal Code. It is quite clear that no charge of bigamy has been pre...
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