Allahabad Court September 1925 Judgments
Dip Singh Vs. Emperor
Court: Allahabad
Decided on: Sep-19-1925
Reported in: AIR1926All246
Sulaiman, J.1. This is an appeal from a conviction under Section 328 and Section 458-75 of the Indian Penal Code. The prosecution case is that on the 6th January last the accused sold some flour to the complainant Bhaggi, a money-lender, which had been poisoned with dhatura; that his children partook of the loaves of bread made of it and were taken ill; and that the accused with three others entered the complainant's house during the night and caused injuries to him.2. The learned Sessions Judge is unable to believe the oral evidence for the prosecution. According to him 'the case against Dip Singh must depend on whether the Court believes his confession.'3. The facts that Bhaggi's relations, who partook of the bread, ware poisoned and that Bhaggi himself was assaulted during the night, admit of no doubt. The only question is whether the complicity of Dip Singh has been established by the evidence.4. Bhaggi had known Dip Singh from before, yet, admittedly, he did not recognize him as o...
Tag this Judgment!Debi DIn and ors. Vs. King-emperor
Court: Allahabad
Decided on: Sep-15-1925
Reported in: AIR1926All160
Sulaiman, J.1. Debi Din was arrested on the spot with three others, while his other companions fled away. The evidence of Nanhu has been rejected by the Judge, but the fact of his arrest cannot be doubted. His explanation of his presence is not probable. He is a previous convict. I have no doubt as to his having bean a member of the gang. I uphold his conviction and sentence, and dismiss his appeal.2. The accused Mangli, Dina and Rup Singh have been convicted by an Assistant Sessions Judge under Section 402, I.P.C. and sentenced to four years rigorous imprisonment each. Along with Debi Din who was sentenced to six years, they have appealed to the High Court. Under Section 408(b), Criminal P.C., when in any case an Assistant Sessions Judge passes any sentence of imprisonment for a term exceeding four years or any sentence of transportation, the appeal lies to the High Court. The sentences passed on the first three accused do not exceed four years, but that on Debi Din does. The interpre...
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