Allahabad Court June 1940 Judgments
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Abdul Rahman Vs. Emperor
Court: Allahabad
Decided on: Jun-26-1940
Reported in: AIR1940All449
ORDERBraund, J.1. This is a revision case which has caused me a little trouble. It is a case under Section 19(f), Arms Act. It is important in such cases as these-and indeed in other cases-where an offence under statute is alleged to look first at the statute itself. Section 19, Arms Act, reads thus:Whoever commits any of the following offences...(f) has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of Section 14 or Section 15...shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.2. It has to be observed that the offence is constituted by 'possession or control' of any arms, etc. There is a great temptation sometimes to read into a statute words which are not there and I point out that there is nothing in this section about 'exclusive' or 'sole' possession or 'exclusive' or 'sole' control. Moreover, the test provided by the section is not as to whom the arms belong...
Emperor Vs. Mt. Dhirajia
Court: Allahabad
Decided on: Jun-04-1940
Reported in: AIR1940All486
Braund, J.1. This is an appeal of some little interest. The appellant is a young woman of 20 who was tried for murder by the Sessions Judge of Benares and who was tried at the same time for attempted suicide by a jury. The result of the trial by the Sessions Judge with the aid of his assessors-who were of course the same people who constituted the jury-was that he convicted the appellant of murder under Section 302, I.P.C. The result of the trial for attempted suicide by the jury was that she was found not guilty. The learned Judge, as logically he was bound to do, was unable to agree with the verdict of not guilty upon the charge of attempted suicide and he has therefore referred the case to us under Section 307, Criminal P.C., with the recommendation that the jury's verdict should be set aside and that the appellant should be convicted under Section 309, I.P.C., as well as under Section 302. In this way we have before us the appellant's own appeal against her conviction and sentence ...
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