Allahabad Court September 1927 Judgments
Emperor Vs. Babu Ram
Court: Allahabad
Decided on: Sep-08-1927
Reported in: AIR1928All1
1. This is an appeal on behalf of the Local Government against an order of a Sessions Judge setting aside the order of a Magistrate calling upon the opposite party to furnish security for good behaviour for a period of one year. A preliminary objection is taken that no appeal lies, and the importance of the objection lies in the fact that, if no appeal lies, then the local Government can only apply to this Court in revision, and the ordinary principles governing interference by this Court on the revisional side will be applicable; in other words, we shall have to be satisfied that the lower Court has erred, and erred prejudicially to the opposite party on some question of law, or has so grossly erred in the principles which it has applied to the weighing of the evidence that interference is called for.2. We are of opinion that the objection must be sustained. Under Section 417, Criminal P.C., the local Government is only given the right of appeal against an acquittal. It is unnecessary...
Tag this Judgment!Karan Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-07-1927
Reported in: AIR1928All25
1. Four men, Karan Singh, Bahadur, Mulaem Singh and. Puran have been convicted under Section 302 for the murder of Gajraj. Karan Singh and Bahadur have been sentenced to death. Mulaem Singh and Puran have been sentenced to transportation for life on the ground that they did not take a principal part in committing the murder. In View of the opinion that we have formed about this case, it is unnecessary to say more in regard to the question of sentence than this, that we cannot find the smallest justification for the Sessions Judge sentencing Mulaem Singh and Puran only to transportation for life if there is in fact truth in the story for the prosecution which the learned Judge has believed. 2. According to that story Mulaem and Puran held Gajraj while Bahadur and Karan forced the life out of him by placing their lathis on his neck. In view of this story, which the learned Judge accepted, it is inconceivable to us how he could justify a view that the two men did not take a principal part...
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