Court : Mumbai
Reported in : 1998BomCR(Cri)95; 1997CriLJ2713
ORDERA.V. Savant, J. 1. Heard both the learned Counsel. 2. The petition is by an unfortunate father whose daughter deceased Mangaleshwari was married to Bhagwati Prasad Samwal at Ulhasnagar, Thane. It is stated in the petition that the marriage had put great financial strain on the petitioner and had virtually crippled him financially, since the petitioner was required to provide several items in lieu of dowry. It is alleged that a room at Manpada in Thane was also required to be purchased for the son-in-law Bhagwati Prasad and the petitioner had to spend Rs. 56,000/- for the room. Despite this, whenever the poor girl Mangaleshwari visited her parents, she was complaining of harassment and cruelty and demand of additional items such as sewing machine etc. Mangaleshwari was being taunted saying that if Bhagwati Prasad had married some other girl, he would have got more than Rs. 3,00,000/--as dowry. 3. In the morning of 6th July, 1996 when the petitioner visited his daughter's house viz....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom214
5. There should either be one sentence for both offences in a case of conviction of house-breaking by night in order to commit theft, and theft, not exceeding that which may be given by the law for the graver offence, or separate sentences for each offence, provided that in the aggregate the punishment awarded does not exceed that which may be given for the graver offence....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom10
West, J.1. The seven prisoners were committed to the Poona Court of Session for trial on the charges of voluntarily causing grievous hurt by means of a cutting instrument (Section 326 of the Indian Penal Code) and of house-breaking by night with intent to commit an offence punishable with imprisonment (Section 457). To this the Sessions Judge added the charge of dacoity under Section 395. The jury unanimously brought in a verdict of not guilty on all these charges; but the Sessions Judge, being of a different opinion, referred the case to the High Court under Section 263 of the Code of Criminal Procedure.2. The portion of Section 263, under which we have to deal with this case, runs thus: 'The High Court shall deal with the case so submitted as it would deal with an appeal, but it may acquit or convict the accused person on the facts, as well as law, without reference to the particular charges as to which the Court of Session may have disagreed with the verdict, and if it convict him, ...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom15
West, J.1. After commenting on the evidence and expressing the opinion of the Court against the acquittal of Narayan and Sitabai and in favour of that of Maruti, proceeded thus:2. The acquittal of this prisoner (Maruti) makes it necessary to consider a point of law arising from it, and urged by Mr. Pandurang Balibhadra for the prisoners Narayan and Sitabai. He contended that the principal offender having been acquitted, his clients could not be convicted of abetment, and referred us to the case of Reg. v. Chaman Bapaji, noted under Section 108 of the Indian Penal Code in West's Edition of the Acts and Regulations. It was there held by Sir Richard Couch, late Chief Justice of this Court, and another Judge, on the 22nd of January 1864, that the principal offender being acquitted, a second prisoner could not, in the same trial, be convicted of abetment of the same offence. This ruling was in accordance with the state of the English law as it existed when an accessory could refuse to plead...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom50
1. We do not think the conviction of dacoity can be sustained. That was a substantive offence completed as soon as perpetrated at Velanpor, although, had Velanpor been in British territory, the subsequent acts in the process of taking away the property might, in the legal sense as they would have the same legal character, have coalesced with the first and principal one so as to give jurisdiction under Section 67 of the Code of Criminal Procedure. But we think the conviction may be altered to one of retaining stolen property known to have been obtained by dacoity (Indian Penal Code, Section 412), and the sentences upheld. The retaining is included in the more comprehensive charge viewed as an abstract accusation of an act attended with a certain intent or consciousness, and the conception of dacoity being independent of the place where it was committed suffices to cover what is embraced within it, though the latter was an act done in British territory. The retaining was in British terri...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom64
1. The accusation made against the accused in this case constituted it a warrant-case falling under the provisions of Section 213 et seq. of the Code of Criminal Procedure. The Magistrate, Mr. Middleton, after an arrangement had been come to between the parties, divided the property between them and dismissed the complaint. By 'dismiss the case' we understand the Magistrate to have meant the same thing as is indicated by Section 215 of the Code of Criminal Procedure, where it says that the Magistrate, if he finds that no offence has been proved against the accused person, shall discharge him.' 'Dismissal of a complaint' is a phrase properly applicable only to a summons case under Chapter XVI of the Code, and incapable of being applied, as Section 212 shows, to any complaint, 'except in so far as it refers to a summons case.' The provisions of Section 215 are highly useful in many cases. They enable a Magistrate, when circumstances make it expedient, to dispose of an accusation without ...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom82
West, J.1. In arrest of those proceedings (the criminal proceedings), which are now pending, Jagjivan applies to us and urges, inter alia, that the proceedings before the Subordinate Judge of Thana were coram non judice, he having no authority to attach and sell immoveable property in execution of the decree of the Bombay Court of Small Causes, which itself could proceed against moveable property only. It was argued by Mr. Branson on his behalf that Section 287 of the Code of Civil Procedure did not give to the Subordinate Judge greater power in execution matters than the Court which passed the decree.2. We cannot say why, when the Legislature enacted Section 287 of the Civil Procedure Code, it allowed Section 78 of the Presidency Small Cause Court Act IX of 1850 to stand. Looking, however, to the wording of the former enactment, we find that it runs as follows: 'The copy of any decree, or of any order for execution, when filed in the Court to which it shall have been transmitted for t...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom147
West, J.1. Section 188 of the Code of Criminal Procedure says that 'in the case of offences which may lawfully be compounded, injured persons may compound the offence out of Court or in Court with the permission of the Court,' and that 'such withdrawal from the prosecution shall have the effect of an acquittal of the accused person.' The case before us is one in which an accusation of voluntarily causing grievous hurt has been compounded with the permission of the Court; and the question is, whether this is a case of an offence 'which may lawfully be compounded. '2. The remedies provided by the law for wrongs which it recognizes as affording a proper ground for the exercise of the State's coercive power, may be classed generally as criminal and civil. The latter apply properly to wrongs not regarded as so flagrant and so dangerous to society at large as to call for the spontaneous interference of the State. The general well-being of the community is sufficiently protected by the exerci...
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom175
1. The Court thinks that the Subordinate Judge, and not the karkun, Keshav, must be regarded as the complainant in the proceedings before the Magistrate. The Subordinate Judge acted judicially, and, on that ground, would not be subject to the penalty provided in Section 209 of the Criminal Procedure Code. The karkun, if he made a false report to the Subordinate Judge, or gave false evidence before the Magistrate, is punishable otherwise; but, not being the complainant, he also is not liable to have the payment of compensation awarded against him under Section 209 of the Criminal Procedure Code.2. The Court reverses the order of the Magistrate, which directed that Keshav Lakshman should pay Rs. 5 to Aba valad Krishna as compensation....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR1Bom219
Melvill, J.1. In this case it is admitted that if the so-called confessions of three of the prisoners be excluded from consideration, the convictions cannot be sustained. In fact, there is no other evidence of the smallest value in the case. These confessions were recorded by a Magistrate of the 3rd Class under Section 122 of the Code of Criminal Procedure. They are signed by the prisoners, and the Magistrate has made on them the memorandum required by Section 122, certifying his belief that the confessions were voluntarily made. Several objections have been taken to the admission of these confessions, but the only one which requires serious consideration is the following. Section 122 requires that confessions recorded under that section shall be taken in the manner prescribed in Sections 345 and 346. One of the provisions of Section 346 is that the Magistrate shall certify under his own hand that the examination was taken in his presence and in his hearing, and contains accurately the...
Tag this Judgment!