Mumbai Court October 1924 Judgments

Namdeo Lakman Vs. Emperor

Court: Mumbai

Reported in: 85Ind.Cas.146

Marten, J.1. This is a Reference by the Acting Sessions Judge of Poona with respect to the conviction of Accused Nos. 1 and 2 for voluntarily causing hurt under Section 323, Indian Penal Code. The ground on which the learned Judge recommends to us that the conviction and sentence should be quashed, is that the Magistrates recorded evidence at some length, but omitted to record any statement of their reasons for such conviction as required by Section 263, Cr.P.C. Then the letter of refer-once says that there was delay in lodging the complaint; that the excuse that the complainant could not make the complaint earlier was false; that she alleged that she was an in-door patient, whereas her in juries were slight, and she was treated as an out-door patient only; and that certain discrepancies in the evidence rendered the above defect more than a formal defect.2. The dispute in this case was a family squabble. The complainant is the mother-in-law and accused No. 1 is her son-in-law. The rema...