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Emperor Vs. Fatehkhan Bahadurkhan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 178 of 1906
Judge
Reported in(1906)8BOMLR855
AppellantEmperor
RespondentFatehkhan Bahadurkhan
Excerpt:
penal code (act xlv of 1860), sections 457, 511, 109-house-breaking by night-attempt-abetment.; where a person was charged and convicted of attempting as well as abetting the same offence, the high court set aside conviction and sentence on one of the counts. - order1. the court observes that the government pleader who appears for the crown has not supported the convictions under sections 411, 109 and 143 of the indian penal code, but has asked that the convictions uuder sections 457 and 511 should be maintained. the court accordingly sets aside the convictions under sections 411, 109 and 143 of the indian penal code, and reduces the aggregate sentence of sixteen months rigorous imprisonment passed upon the accused to one of one year's rigorous imprisonment.2. the court at the same time wishes to call the attention of the magistrate to the full bench decision in queen-empress v. malu ilr (1894) 17 mad. 235 and the provisions of section 35 of the criminal procedure code, 1898.
Judgment:
ORDER

1. The Court observes that the Government Pleader who appears for the Crown has not supported the convictions Under Sections 411, 109 and 143 of the Indian Penal Code, but has asked that the convictions uuder Sections 457 and 511 should be maintained. The Court accordingly sets aside the convictions under Sections 411, 109 and 143 of the Indian Penal Code, and reduces the aggregate sentence of sixteen months rigorous imprisonment passed upon the accused to one of one year's rigorous imprisonment.

2. The Court at the same time wishes to call the attention of the Magistrate to the Full Bench decision in Queen-Empress v. Malu ILR (1894) 17 Mad. 235 and the provisions of Section 35 of the Criminal Procedure Code, 1898.


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