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Emperor Vs. J. John - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1923)ILR45All145
AppellantEmperor
RespondentJ. John
Excerpt:
act no. xlv of 1860 (indian penal code), sections 604, 323 - compounding offences--continuance of trial after composition of a compoundable offence. - - 323 of the indian penal code were concerned, was clearly compounded.stuart, j.1. mr. sanyal, for sushil chandra chakraverti states that his client does not oppose the application. his client accepted the applicant's apology, and had no intention of proceeding with the case. he did not prosecute. he withdrew. the police, however, challaned under section 120, railways act, and he was called as a witness. the applicant was acquitted-under that charge.2. i accept the learned sessions judge's view. the case, in so far as the charges under sections 504 and. 323 of the indian penal code were concerned, was clearly compounded.3. i set aside the convictions and sentences and direct that fines, if paid, to be refunded.
Judgment:

Stuart, J.

1. Mr. Sanyal, for Sushil Chandra Chakraverti states that his client does not oppose the application. His client accepted the applicant's apology, and had no intention of proceeding with the case. He did not prosecute. He withdrew. The police, however, challaned under Section 120, Railways Act, and he was called as a witness. The applicant was acquitted-under that charge.

2. I accept the learned Sessions Judge's view. The case, in so far as the charges under Sections 504 and. 323 of the Indian Penal Code were concerned, was clearly compounded.

3. I set aside the convictions and sentences and direct that fines, if paid, to be refunded.


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