Kolkata Court October 1882 Judgments
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In Re: Charoo Chunder Mullick and ors.
Court: Kolkata
Decided on: Oct-12-1882
Reported in: (1883)ILR9Cal397
Field, J.1. In this matter an application has been made asking us to call up the proceedings connected with the commitment of three persons, Baboo Charoo Chunder Mullick, Chintamoney Doss, and Bunwari Lall, with a view to such commitment being quashed, on the ground, first, that as regards one of these persons, Baboo Charoo Chunder Mullick, there is no evidence which can in any view of the case incriminate him; and, secondly, that as regards all three accused, even if the truth of the facts deposed to by the witnesses examined before the Magistrate be assumed, these facts do not constitute any offence punishable by the Criminal law.2. The application at first purported to be made under Section 147 of the High Courts' Criminal Procedure Act X of 1875, but it comes before us today as an application under either this section or Section 14 of the same Act.3. The first question with which we now propose to deal is whether an application of this nature, an application that is to quash a comm...
Manu Miya Vs. the Empress
Court: Kolkata
Decided on: Oct-09-1882
Reported in: (1883)ILR9Cal371
Norris, J.1. In this case there were four heads of charge or counts against the prisoner, viz., first, house-breaking by night with intent to commit theft in the house of one Baroda Prosad Das; second, theft from the same house; third, house-breaking by night with intent to commit theft in the house of one Tarini Churn Dutta; and, fourth, theft from the same house.2. At the trial before the Sessions Judge the prisoner pleaded guilty to the first and third heads of charge, and was sentenced upon the first to three years rigorous imprisonment, and upon the third to three years rigorous imprisonment, to commence at the expiry of the sentence passed under the first head of charge.3. It does not appear that any plea was recorded upon the second and fourth heads of charge; the Judge merely says: 'No sentences are given under the second and fourth heads of charge as they are included in the first and third heads.'4. The Magistrate committed the prisoner upon one charge only, including therein...
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