Kolkata Court December 1924 Judgments
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Emperor Vs. Alimuddi Naskar and anr.
Court: Kolkata
Decided on: Dec-01-1924
Reported in: AIR1925Cal361
JUDGEMENTNewbould, J.1. My learned brother in his judgment which he has just delivered has dealt fully with the facts and the evidence in this case. It is sufficient for me to say that I am in entire agreement with his finding that the convictions of Alimuddi Naskar and Belat Naskar under Section 302 read with Section 120-B, Indian Penal Code, are right and that the sentences of death are necessary. The appeals are accordingly dismissed and the sentences of death are confirmed.2. As regards the point of law that was raised in this case that there has been no adequate examination of the accused under Section 342 of the Code of Criminal Procedure, we are in agreement that the trial has not been vitiated by any failure to comply with the mandatory provisions of this section. But with the utmost respect for the opinion of my learned brother, I am unable to agree with him that the examinations of the accused persons at the present trial were not adequate. I adhere to the view expressed by C...
Dargahi and ors. Vs. Emperor
Court: Kolkata
Decided on: Dec-01-1924
Reported in: AIR1925Cal831
1. The eight appellants were tried before the Sessions Judge of Hooghly and a Jury on charges of rioting and dacoity. Five of them, appellants Nos. 1, 2, 5, 6 and 7 were convicted of rioting only and sentenced each to one year's rigorous imprisonment. Two of them, appellants Nos. 3 and 8 were convicted of dacoity only and sentenced each to three years' rigorous imprisonment. The appellant No. 4 was convicted on both the charges and was sentenced to three years' rigorous imprisonment for rioting, the sentences to run concurrently.2. The first point taken in this appeal is that the trial is vitiated for failure of the trying Court to comply with the provisions of Section 360, Cr. P.C. It is stated in the affidavit filed on behalf of the accused that the depositions were read over to the witnesses and that though this was done in the presence of the accused persons it was done in such a manner that the accused persons could not hear the evidence read; and further that while the evidence o...
Jalim Chand and anr. Vs. Yusufali Choudhuri
Court: Kolkata
Decided on: Dec-01-1924
Reported in: AIR1925Cal1012
Suhrawardy, J.1. This appeal is by the decree-holder against an order of dismissal of his application for execution made by the Court below on the ground that it is barred by limitation. The decree was an instalment decree, the amount of which was made payable in six equal instalments distributed over the months of Kartick and Chaitra of 1325, 1326 and 1327. The first instalment was to begin on the 30th Kartick 1325, corresponding to the 15th November 1918, and it was agreed that on default of payment of any instalment the whole decretal amount would become immediately payable. The decree-holder alleged that the judgment-debtor paid the first kist partly on the 30th Kartick 1325 and partly on the 1st Pous 1325; the second kist partly on the 30th Chaitra 1325 and partly on the 30th Baisakh 1326; and the third kist partly on the 29th Kartick 1326 and partly on the 6th Pous 1326; corresponding to the 21st December 1919, which was the last payment made by the judgment-debtor. The present a...
Jalim Chand Patwari and anr. Vs. Yusufali Chaudhuri
Court: Kolkata
Decided on: Dec-01-1924
Reported in: 86Ind.Cas.1051
Suhrawapdy, J.1. This appeal is by the decree-holder against an order of dismissal of his application for execution made by the Court below on the ground that it is barred by limitation. The decree was an instalment decree the amount of which was made payable in six equal instalments distributed over the months of Kartick and Chaitra of 1325, 1326 and 1337. The first instalment was to begin on the 30th Kartick 1.325 corresponding to the 15th November 1918 and it was agreed that on default of payment of any instalment the whole decretal amount would become immediately payable. The decree-holder alleged that the judgment-debtor paid the first kist partly on the 30th Kartick 1325 and partly on the 1st Pous 1325, the second kist partly on the 30th Chaitra 1325 and partly on the 30th Baisakh 1326 and the third kist partly on the 29th Kartick 1326 and partly on the 6th Pous 1326 corresponding to the 21st December 1919 which was the last payment made by the judgment debtor. The present applic...
Dargahi Vs. Emperor
Court: Kolkata
Decided on: Dec-01-1924
Reported in: (1925)ILR52Cal499
Newbould and Mukerji, JJ.1. The eight appellants, were tried before the Sessions Judge of Hooghly and a Jury on charges of rioting and dacoity. Five of them, appellants Nos. 1, 2, 5, 6 and 7, were convicted of rioting only, and sentenced each to one year's rigorous imprisonment. Two of them, appellants Nos. 3 and 8, were convicted of dacoity only, and sentenced each to three years' rigorous imprisonment. The appellant, No. 4, was convicted on both the charges, and was sentenced to three years' rigorous imprisonment for dacoity and one year's rigorous, imprisonment for rioting: the sentences to run concurrently.2. The first point taken in this appeal is that the trial is vitiated for failure of the trying Court to comply with the provisions of Section 360 of the Criminal Procedure Code. It is stated in the affidavit filed on behalf of the accused that the depositions were read over to the witnesses, and that, though this was done in the presence of the accused persons, it was done in su...
Emperor Vs. AlimuddIn Naskar
Court: Kolkata
Decided on: Dec-01-1924
Reported in: (1925)ILR52Cal522
Mukerji, J.1. (After discussing the evidence in detail, and disposing of the minor points, continued:) Lastly, it has been contended that there has been no adequate examination of the accused under the mandatory provisions of Section 342 of the Criminal Procedure Code. The matter is one of considerable importance, and is constantly coming up before the Court, and I desire to deal with it here.2. Section 342, Sub-section (1), is divided into two parts. The opening words of the Sub-section 'For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him' govern both the clauses that follow. It is with the latter clause, which is mandatory, that we are concerned here. Reading the aforesaid words into this clause, in the place of the words for the purpose aforesaid, the clause would run thus: The Court shall, for the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, question him generally on the ca...
Emperor Vs. AlimaddIn Nasakar and anr.
Court: Kolkata
Decided on: Dec-01-1924
Reported in: 85Ind.Cas.919
Mukerji, J.1. Alimaddin Naskar, Belat Ali Naskar, Amir Naskar, Boynuddi Naskar, Farazali Naskar, Golam alias Golap Naskar and Dudali Molla were tried by the Second Additional Sessions Judge of/24-Parganas with the aid of a Jury. All of them were tried on a charge under Sections 302/120B, Indian Penal Code, for having conspired to commit the offence of murder of. one Momrej Boddy and other members of his family, and Belatali Naskar was tried also on a charge under Section 302, Indian Penal of Code, for committing the offence of murder by causing the death of one Entaj, Boddy, a son of the said Momrej Boddy. The Jury brought in a unanimous verdict of guilty on both the charges; and the learned Judge, agreeing, with and accepting the verdict, convicted all the accused persons in accordance therewith and sentenced Alimaddin Naskar and Belatali Naskar to death, and the others to transportation for life. The cases of Alimaddin Naskar and Belatali. Naskar are before us on a Reference made by ...
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