Allahabad Court September 1928 Judgments
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Dhu Ram Vs. Emperor
Court: Allahabad
Decided on: Sep-25-1928
Reported in: AIR1929All299
Dalal, J.1. The consideration of this case by the learned Sessions Judge has suffered considerably by the wrong defence set up before him. Dhu Ram has been convicted of an offence under Section 304-A, I.P.C. His brother made a report at the Police Station to the effect that he and his brother were sleeping on the roof of the residential house one night while their father was absent at Banda, that they heard the noise of thieves and going to the end of the roof they noticed three persons on the roof of the cattle-shed close by. Baij Nath challenged them whereupon they began to run away and Dhu Ram thinking that they were thieves and bad characters fired a gun which he had carried to the corner of the roof. A thief fell down at some distance from the house to the north and died soon after. Baij Nath had the stupidity to deny the correctness of this report and naturally irritated the learned Judge. The learned Judge was also suspicious of the Sub-Inspector. In a case of this kind the symp...
Jwala and anr. Vs. Emperor
Court: Allahabad
Decided on: Sep-24-1928
Reported in: AIR1928All754
Dalal, J.1. Badri has been convicted of an offence of possessing instruments or materials for forging or counterfeiting currency notes under Section 489-D. He and Jwala have been convicted of an offence under Section 489-A of counterfeiting currency-notes. The offence of which they have been convicted is one of an attempt under Section 511. These materials were found in Badri's house, and it has been proved that his intention was to forge currency-notes. In my opinion in considering as offence under this section it is not necessary to prove that Badri had the ability to product) counterfeit currency notes with materials in his possession. The question, therefore, will not arise whether his ability and the materials at his command could have produced a note which may be termed counterfeit according to the definition given in Section 28, I.P.C. 2. The case, however, is different under Section 489-A. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, an...
Jwala Alias Jwala Prasad and ors. Vs. Emperor
Court: Allahabad
Decided on: Sep-24-1928
Reported in: 116Ind.Cas.797
Dalal, J.1. Badri has been convicted of an offence of possessing instruments or materials for forging or counterfeiting currency notes under Section 489-D. He and Jwala have been convicted of an offence under Section 489-A of counterfeiting currency notes. The offence of which they have been convicted is one of an attempt under Section 511. These materials were found in Badri's house, and it has been proved that his intention was to forge currency notes. In my opinion in considering an offence under this section it is not necessary to prove that Badri had the ability to produce counterfeit currency notes with materials in his possession. The question, therefore, will not arise whether his ability and the materials at his command could have produced a note which may be termed counterfeit according to the definition given in Section 28 of the Indian Penal Code.2. The case, however, is different under Section 489-A. Whoever counterfeits, or knowingly performs any part of the process of co...
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