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Kolkata Court December 1892 Judgments

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Dec 01 1892

Rohimuddi and anr. Vs. the Queen-empress, on the Prosecution of Asiram ...

Court: Kolkata

Decided on: Dec-01-1892

Reported in: (1893)ILR20Cal353

1. The only ground upon which is was contended that the conviction and sentence should be set aside was that the judgment of the Sessions Judge was not a judgment in accordance with law, not being in conformity with the provisions of Section 367 of the Code of Criminal Procedure, and Mr. Gasper contended on the authority of the cases of Kamruddin Dei v. Sonatun Mandal I.L.R. 11 Cal. 449 and In the matter of the petition of Ram Das Maghi I.L.R. 13 Cal. 110, that he was entitled to have the conviction and sentence set aside and the case remanded to the Sessions Judge for a rehearing of the appeal.2. The judgment of the High Court (Prinsep and Ghose, JJ.) was as follows:- In this case we have been required on revision to consider whether the judgment of the Sessions Judge of Rungpur on appeal is a judgment within the terms of Section 367 of the Code of Criminal Procedure, or whether it is not so defective in substance as to demand a retrial of that appeal. The judgment runs as follows:(Th...


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