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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal36,140Ind.Cas.550
..... :in the present case; l am inclined to hold the view that since the bugle was sounded at intervals, and inspector s.n. mukherjee while acting under section 62-a, sub-section (1) of the act, directed the volunteer, within the accused's hearing, not to sound the bugle, it was the clear duty of the president to stop further sounding ..... meeting. a police inspector s.n. mukherji requested the man sounding the bugle not to do so and in making that request he was apparently acting under the powers conferred on police officers under section 62-a(1). it was proved in the course of the hearing before the learned presidency magistrate that both inspector s.n. mukherji and ..... the explanation which he has given is correct. he says:the position is that for the purpose of section 62-a (i), it is not necessary to act under any orders or to prove that the officer concerned was acting under any orders. the section says: the commissioner of police, and subject to the orders of the commissioner of police, every .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal760
..... sessions judge that inasmuch as the public had not seen or read the leaflets in question, there had not been any abetment or instigation or incitement within the meaning of section 117, i. p. c., and that in the events which had happened, the prosecution of the three youths in question was not maintainable. the learned sessions judge was ..... of opinion that it was not necessary to show that any member of the public should have been incited. section 117, i. p.c., runs as follows:whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, ..... in this sense it makes instigation tantamount to abetment. the word 'instigate' literally means to goad or urge forward or to provoke, incite, urge or encourge to do an act. a person may however not only instigate another, but he may co-operate with him and his co-operation may consist of counsel or, conjoint action. in either case, .....
Tag this Judgment!Court : Kolkata
Reported in : 140Ind.Cas.787
..... judge that inasmuch as the public had not seen or read the leaflets in question, there had not been any abetment or instigation or incitement within the meaning of section 107, indian penal code, and that in the events which had happened, tie prosecution of the three youths in question was not maintainable. the learned sessions judge was ..... of opinion that it was not necessary to show that any member of the public should have been, incited.5. section 117, indian penal code runs as follows:whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, ..... this sense it makes instigation tantamount to abetment. the word 'instigate' literally means to goad or urge forward or to provoke, incite, urge or encourage to do an act. a person may however not only instigate another, but he may co-operate with him and co-operation may consist of counsel or conjoint action, in either case, there .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal10
..... 18 jurors were summoned though nine jurors attended and were chosen without objection yet the jury were not properly constituted according to the above sections. this case however was overruled by the full bench decision in the case of emperor v. erman ali : air1930cal212 where the ..... guns and had plenty of ammunition and they entered the shop for the purpose of committing robbery. when they were disturbed in their act by a large number of villagers they decided to retreat and in so retreating they fired a large number of shots. it is ..... engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (3) intentionally aids, ..... by any act or illegal omission, the doing of that thing.4. as the learned sessions judge rightly pointed out to the jury in .....
Tag this Judgment!Court : Kolkata
Reported in : 155Ind.Cas.599
..... jurors were summoned. in the present case, 18 jurors were summoned and there can be no objection on the score that a proper number of jurors were not summoned under section 326, criminal procedure code. the question is whether the learned judge duly complied with a. 274, criminal procedure code, according to which he should have considered whether it was practicable to have ..... . the two men were armed with guns and had plenty of ammunition and they entered the shop for the purpose of committing robbery. when they were disturbed in their act by a large number of villagers they decided to retreat, and in so retreating, they fired a large number of shots. it is clear that their primary intention was ..... 1930 cat. 60; (1930) cr. cas. 12 : 31 cr. l.j. 377 : 56 c. 1154 : 33 c.w.n. 692; ind. rul. (1930) cal. 2l9 intentionally aids, by any act or illegal omission, the doing of that thing.4. as the learned sessions judge rightly pointed out to the jury in the present case there is nothing to show that .....
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