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Emperor Vs. Dwarka Poonja - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number (sic) Revision No. 361 of 1911
Judge
Reported in(1912)14BOMLR146
AppellantEmperor
RespondentDwarka Poonja
Excerpt:
penal code (act xlv of 1860), section 309-suicide--attempt-leaping into a well to avoid police torture.;the accused jumped into a well to avoid and escape from the police; and when rescued he came out of the well of his own accord :-;that in absence of evidence that he jumped into the well to commit suicide, he could not be convicted of an offence under section 3o9 of the indian penal code. - - order 1. there is no evidence that the accused jumped into the well to commit suicide; the evidence shows that he came out of the well of his own accord.order1. there is no evidence that the accused jumped into the well to commit suicide; his own version is that he jumped just to avoid and escape from the police. the evidence shows that he came out of the well of his own accord. the court therefore/quashes the conviction recorded against and sentence passed upon the accused dwarka poonja.
Judgment:
ORDER

1. There is no evidence that the accused jumped into the well to commit suicide; his own version is that he jumped just to avoid and escape from the Police. The evidence shows that he came out of the well of his own accord. The Court therefore/quashes the conviction recorded against and sentence passed upon the accused Dwarka Poonja.


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