Madhya Pradesh Court January 1951 Judgments
Kanhaiyalal Vs. Feliram
Court: Madhya Pradesh
Decided on: Jan-22-1951
Reported in: 1952CriLJ169
ORDERShinde, J.1. This reference raises a shot; question which may be stated as follows. Can a person against whom charge is framed under sections 426 and 370, I.P.C. be convicted under Section 447, I.P.C?2. Felirani filed a complaint against Kanhaiyalal stating that on 10.2.1949 the accused dismantled the hut of the complainant and took possession of the material and that he was. laying a foundation of a new house. The learned sub-divisional Magistrate Pohari framed a charge under Sections 426 and 379, I.P.C. He, however, acquitted him of both the offences under Sections 426 and 379. I.P.C. and holding. that his act amounts to trespass, convicted him under Section 447, I.P.C. and sentenced him to a fine of Rs. 50/-. The accused filed a petition in revision before the Sessions Judge who has made this reference under Section 438, Criminal Procedure Code.3. Mr. Inamdar, who appeared on behalf of the complainant, contended that the facts mentioned in the charge were that the accused disma...
Tag this Judgment!State Vs. Kalu S/O Girdhari and anr.
Court: Madhya Pradesh
Decided on: Jan-22-1951
Reported in: 1952CriLJ887
Chaturvedi, J.1. This reference to the Full Bench arises from a Government appeal filed under Section 417 of the Criminal Procedure Code against an order of the Sessions Judge, Dhar, acquitting the respondents of the charges under Sections 304, 392 and 302, Indian Penal Code. The respondents were convicted under Section 304, part 2 and an appeal filed by them against their conviction was dismissed by a Division Bench of this Court on 5.12.1949. Rege J. delivering the judgment of the Division Bench concluded his judgment in para 11 in the following words:I would, therefore, maintain the conviction and dismiss the appeal. The learned Government Advocate made a strong plea for alteration of the conviction to one under Section 302 of the Penal Code. The Government has not filed an appeal from the acquittal under Section 302 although such an appeal would be within time, and in the circumstances, I would not think of altering the conviction though I agree, this Court has the power in a prope...
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