Court : Allahabad
Reported in : AIR1933All626; 145Ind.Cas.922
Kendall, J.1. This is an appeal by Jagdamba Prasad, Babu Ram, Ganga Sahai and Uman Shanker against their convictions by the Additional Sessions Judge of Aligarh of an offence under Section 498, I.P.C., and their sentences to various terms of imprisonment under that section. The appeal must be allowed on a legal ground which finds no place in the memorandum of appeal. The appellants were prosecuted by the police as. a result of a report which was made under Section 366-A of the Indian Penal Code, and they were charged under that section. They have however been convicted under Section 498, although no complaint was made by the husbands of the women in respect of whom the offence is said to have been committed as required by Section 199 of the Code of Criminal Procedure.2. This difficulty was considered by the learned Additional Sessions Judge, who overruled the objection raised on behalf of the appellants, holding that as there had been a report under Section 366-A, I.P.C., and as the hu...
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All630
ORDERIqbal Ahmad, J.1. This is a reference by the learned Sessions Judge of Saharanpur recommending that the conviction of Balbir Singh and Juri, applicants, under Section 26(1)(i), Forest Act (16 of 1927), be set aside. Balbir Singh holds a licence for a muzzle-loading gun. The licence is for the protection of crops from wild animals. On 29th September 1932 at 6-30 in the morning he was going from his native village Suridhar to another village called Joli. He was going on the District Board road which runs through the Government reserve forest. He was carrying his muzzle-loading gun on his shoulder. The gun was loaded and had a percussion cup. The other applicant named Juri was also found accompanying him. On these facts the applicants were charged under Sub-clause (i), Section 26(1), Forest Act, which provides that any person who in contravention of any rules made in this behalf by the Local Government hunts or shoots shall be punishable with imprisonment or with fine or with both. B...
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All676
Kendall, J.1. This application on behalf of four persons, Sundar Lal, Makhan Lal, Munni Lal and Om Prakash, has been made for the revision of an appellate order of the Sessions Judge of Meerut confirming the order of a First Class Magistrate who had called on four applicants to furnish bonds and sureties to be of good behaviour for three years under Section 110, Criminal P.C. The information supplied to the Magistrate was that the applicants were so desperate and dangerous as to render their being at large without security hazardous to the community, and the Magistrate after taking evidence in a very full and careful order set before himself the questions which had to be decided:If the accused' he remarked, are proved to be members of a secret organisation or group of revolutionaries whose avowed object is to spread terrorist activities and to prepare young men for revolution they would certainly come within the scope of Clause (f), Section 110.and he therefore proceeded to decide1 on ...
Tag this Judgment!Court : Allahabad
Reported in : 145Ind.Cas.735
1. This is a Reference by the learned Sessions Judge of Saharanpur recommending that the conviction of Balbir Singh and Juri applicants under Section 26 (1)(i) of the Forest Act (Act No. XVI of 1927) be set aside.2. Balbir Singh holds a licence for a muzzle loading gun. The licence is for the protection of crops from wild animals. On September 29, 1932, at 6-30 in the morning he was going from his native village Suridhar to another village called Joli. He was going on the District Board road which runs through the Government reserve forest. He was carrying his muzzle loading gun on his shoulder. The gun was loaded and had a percussion cap. The other applicant named Juri was also found accompanying him. On these facts the applicants were charged under Sub-clause. (i) of Section 26 (1) of the Forest Act which provides that any person who in contravention of any rules made in this behalf by the Local Government hunts or shoots shall be punishable with imprisonment or with fine or with bot...
Tag this Judgment!