Kolkata Court October 1895 Judgments
Queen-empress Vs. Karamdi
Court: Kolkata
Decided on: Oct-29-1895
Reported in: (1896)ILR23Cal250
Ghose and Hill, JJ.1. This is a reference by the District Magistrate of Mymensingh, at the instance of the Commissioner of the Dacca Division, questioning the propriety of a finding and sentence by the Sessions Judge.2. We are not aware under what authority the reference has been made. Such references have always been condemned by this Court as irregular. The power given to a District Magistrate to make a reference to the High Court is conferred by Section 438 read with Section 435 of the Criminal Procedure Code. But this clearly refers to a 'proceeding before any inferior Criminal Court;' and notwithstanding the words 'or otherwise,' in Section 438, we do not think that the Legislature ever intended to give to a Magistrate the power to question the propriety of a judgment or sentence by a superior criminal authority, as the Sessions Judge is, and to refer the proceeding to the High Court for revision. Section 439 read with Section 435 gives to the High Court the authority to examine t...
Tag this Judgment!AlimuddIn Vs. Queen-empress
Court: Kolkata
Decided on: Oct-11-1895
Reported in: (1896)ILR23Cal361
Ghose and Hill, JJ.1. The appellant in this case, Alimuddin, has been convicted by the Sessions Judge of Noakhally of the offence of culpable homicide not amounting to murder under Section 304 of the Indian Penal Code. The case for the prosecution is that one Habibulla and the appellant, on the 29th of March last, severely assaulted the deceased Husseinuddin and carried him to a field, where they left him in a most helpless condition, the result being that he shortly afterwards died. It would appear that a prosecution was had against Habibulla alone, Alimuddin being then not forthcoming; and in the course of the inquiry that was then held by the Committing Magistrate, two women, Ayesha and Latifa Banu, were examined as witnesses for the prosecution; and they deposed before that officer that both Habibulla and Alimuddin were implicated in the grievous assault that was committed upon the deceased. In the Sessions Court, however (Habibulla having been committed to take his trial in that C...
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