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In Re: Petition of Gopal Chunder Sirdar. Gopal Chunder Sirdar Vs. Fool ...

Court : Kolkata

Reported in : (1882)ILR8Cal728

..... chand bhandari, cannot, under the circumstances, be said to amount to abetment. the only portion of the definition in section 1071 of the penal code which can be supposed to apply is the third clause, namely, 'intentionally aids by any act or illegal omission the doing of that thing.' now, there was no illegal omission on the part of the ..... chowkidar in this case. he was not bound by section 89 or by section 90 of the code of criminal procedure to report the offence of extortion; and ..... that the chowkidar intentionally aided the commission of the offence of extortion by any act is negatived by the deputy magistrate's finding; and we are unable to see that he aided by any illegal omission. we must, therefore, set aside the conviction and sentence.1[section 107: a person abets the doing of a thing who:abetment of a .....

King-emperor Vs. Tirumal Reddi and ors. and Subbi Reddi

Court : Chennai

Reported in : (1901)ILR24Mad523

..... former case there would be but one offence of abetment, but in the latter case as many offences of abetment as the number of substantive offences.5. section 10 of the indian evidence act has, in my opinion, no bearing on the question as to how far conspiracy to commit an offence or actionable wrong is an offence under the indian ..... offence for which be would be punishable in consequence of the abetment is committed, ho shall be deemed to have committed such act or offence. this section provides that ha shall be deemed to have committed the offence itself and not simply that he shall be liable to the same punishment as if he had committed ..... cases, conspiracy is only one species of 'abetment of an offence' as that expression is defined and explained in section 108 and stands on the same footing as abetment 'by intentional aiding.' in regard to both these species of abetment an act or illegal omission, in pursuance of the conspiracy or for the purpose of intentional aiding, is essential. if two .....

King Emperor Vs. Tirumal Reddi and ors. and Subbi Reddi

Court : Chennai

Reported in : (1901)11MLJ241

..... treated as an irregularity not occasioning a failure of justice. i am unable to accept this view. in the first place the judge did not as a matter of fact act under section 285(1) nor does he profess to have done so, and in the second place the opinion' of the first assessor finding the appellants guilty must have done them ..... trial shall be conducted with the aid of two or more assessors as members of the court.'10. the phrase 'as members of the court' disappeared in the corresponding section 232 of act x. of 1872 and has not been re-introduced either in the code of 1882 or in that of 1898.11. though assessors do not form members of the ..... , no failure of justice and that the accused have in no way been prejudiced in their defence by the first assessor having been allowed to resume his seat. section 167 of the evidence act does not directly apply to the case, because it applies only to improper admission or rejection of evidence, and technically the opinion of an assessor, which the judge .....

Kalil Munda and ors. Vs. King-emperor

Court : Kolkata

Reported in : (1901)ILR28Cal797

..... to be evidence also against the rest of the party, who are as much responsible, as if they had themselves done the act.'10. in this connection we desire to refer to section 10 of the evidence act, which runs as follows: - 'where there is a reasonable ground to believe that two or more persons have conspired together to ..... offence are, first, the combining together of two or more persons in the conspiracy, and secondly, that an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing. section 108, however, in explanation 2 provides that to constitute the offence of abetment 'it is not necessary that the ..... act abetted should be committed, or that the effect requisite to constitute the offence should be caused,' and in .....

Williamson Vs. United States

Court : US Supreme Court

..... such additional statement at the time of final hearing is valid. the inquiry concerns only the page 207 u. s. 459 second and third sections of the act. turning to the second section, it will be seen that it requires the applicant to make a sworn statement, giving many particulars concerning the land -- its unfitness for cultivation ..... to the final statement. indeed, we cannot perceive how, under the statute, if an applicant has in good faith complied with the requirements of the second section of the act, and, pending the publication of notice, has contracted to convey, after patent, his rights in the land, his so doing could operate to forfeit his right ..... 1899, p. 46: "11. the evidence to be furnished to the satisfaction of the register and receiver at time of entry, as required by the third section of the act, must be taken before the register and receiver, and will consist of the testimony of claimant, corroborated by the testimony of two disinterested witnesses. the testimony will .....

Emperor Vs. Chaturbhuj Sahu

Court : Kolkata

Reported in : (1911)ILR38Cal96

..... phials of cocaine from him. the excise sub-inspector stated that he gave money to bibhuti bhusan in order to purchase the cocaine. the petitioner has been convicted under section 46 of act v of 1909, and has been sentenced to a fine of rs. 200.5. on these facts the learned sessions judge is of opinion that bibhuti bhusan must ..... established that a police spy does not need corroboration.'10. in reg. v. shankar shohag (1888) ratan unrep cr. ca. 428 birdwood and jardine jj., following the rule stated in section 971 of taylor on evidence which is based on the summing up of lord ellenborough in rest v. despard (1803) 28 how. st. tr. 346, 489, held that persons ..... to regard this order as a ruling of the court on a point of law.3. doss j. this is a reference by the sessions judge of bhagalpore, under section 438 of the criminal-procedure code, recommending that the conviction and sentence on the petitioner be set aside on the ground that it is based on the uncorroborated testimony of an accomplice .....

In Re: Lakshminarayana Aiyar

Court : Chennai

Reported in : AIR1918Mad738; 42Ind.Cas.989

..... that the public servant who takes the bribe has not the least intention of doing and yet the offence will be complete. also the motive or reward mentioned in the section is the consideration for showing favour, which is not necessarily identical with the motive or intention of the giver of the illegal gratification. the offence of abetment is committed by ..... , or if there was, it is possible that be might escape by invoking the aid to of section 79 or section 81 of the indian penal code and pleading that he acted in good faith and believed himself to be justified by law in his act, or that he did it in good faith for the purpose of avoiding more harm to other persons ..... has now been referred to me, it is argued that it is open to me to find that the accused's act did not in law constitute an offence at all, and that i should acquit him.14. an offence under section 161 of the indian penal code is committed when a public servant accepts any gratification, other than legal remuneration, as .....

Srilal Chamaria Vs. Emperor

Court : Kolkata

Reported in : (1919)ILR46Cal607

..... 'if committed.' the true meaning is 'when the abetment of an offence is a thing punishable by the code, etc.' section 109 makes abetment of any offence if the act abetted is committed, punishable, and therefore an offence: sections 115, 116 make the abetment of an offence punishable with death, transportation, or imprisonment, if the offence is not committed, punishable ..... conviction. it is urged on behalf of the appellants that mere offer of a bribe is not an offence unless the act amounts to abetment of an act of receiving a bribe by a public servant punishable under section 161, i.p.c. if the defence story is true and srilal did not instigate karuna to pay money to ..... of that conspiracy, and in order to the doing of that thing; or33. thirdly--intentionally aids by an act or illegal omission the doing of that thing.34. the explanations appended to the section need not detain us.35. section 108 defines what is meant by abetting an offence and for the present purpose an offence is a thing .....

Srilal Chamaria and anr. Vs. Emperor

Court : Kolkata

Reported in : 48Ind.Cas.817

..... a conviction. it is urged on behalf of the appellants that mere offer of a bribe is not an offence unless the act amounts to abetment of an act of receiving a bribe by a public servant under section 161, indian penal code. if the defence story is true and srilal did net instigate karuna to pay money to the magistrate ..... place in pursuance of that conspiracy, and in order to the doing of that thing; orthirdly, intentionally aids, by an act or illegal omission, the doing of that thing.29. the explanations appended to the section need not section 108 defines what is meant by abetting an offence and for the present purpose an offence is a thing made punishable by ..... fully argued i think i may shortly express my views on it. it has been contended that under explanation 4 of section 108, indian penal code, the abetment of an abetment means the abetment of an act which subsequently ripens into an actual abetment of the principal and not an abetment or incitement merely to incite another when that .....

Emperor Vs. AmiruddIn Salebhoy Tyabjee

Court : Mumbai

Reported in : AIR1923Bom44; (1922)24BOMLR534; 67Ind.Cas.818

..... of an offence of taking gratification as the said public servant other than legal remuneration as a motive for doing a future official act, viz., giving contracts, punishable with imprisonment under section 161 of the indian penal code, which said offence was not committed in consequence of the said abetment and thereby committed an offence ..... gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, etc. etc., shall be punished with imprisonment or with fine or with both.' section 116 deals with the abetment of an offence punishable with imprisonment if that offence be not committed in consequence of ..... in that capacity other than legal remuneration as a motive for doing a future official act, viz., giving contracts and that as the offence was not committed in consequence of the said abetment his act was punishable under sections 161 and 116, indian penal code. the learned chief presidency magistrate came to the .....