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King-emperor Vs. Bishambhar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Reported inAIR1928All476a
AppellantKing-emperor
RespondentBishambhar
Excerpt:
- 1. the only evidence against the accused is that he was seen coming out of a sugar-cane field at 10 p.m. by two persons who challenged him. he tried to run away, but was caught by them. it is found that he is resident of a village near the place where he was arrested. we are of opinion that on these facts we cannot order him to be bound over under section 109, criminal p.c. the government revision is accordingly dismissed and the accused is ordered to be released forthwith.
Judgment:

1. The only evidence against the accused is that he was seen coming out of a sugar-cane field at 10 p.m. by two persons who challenged him. He tried to run away, but was caught by them. It is found that he is resident of a village near the place where he was arrested. We are of opinion that on these facts we cannot order him to be bound over under Section 109, Criminal P.C. The Government revision is accordingly dismissed and the accused is ordered to be released forthwith.


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