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Sat NaraIn and anr. Vs. Badri Nath and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in13Ind.Cas.645
AppellantSat NaraIn and anr.
RespondentBadri Nath and ors.
Excerpt:
criminal procedure code (act v of 1898) - reference after a long time--enhancement of sentence. - interpretation of statutes definition clause: [markandey katju & h.l. dattu, jj] meaning given to an expression in one statute cannot be applied to another statute.1. the sentence in this case was passed on the 16th march, 1911, and the district magistrate's letter of reference was written only on the 8th july. again, a reference was made by this court to the district magistrate in regard to the case on the 18th july, but it was not answere until the 30th november, i.e. after more than four months had elapsed.2. the sentence is certainly inadequate, but it is not now, after the elapse of nine months, expedient to enhance the sentence by ordering the accused to undergo 2 or 3 months' imprisonment as proposed by the district magistrate.
Judgment:

1. The sentence in this case was passed on the 16th March, 1911, and the District Magistrate's letter of reference was written only on the 8th July. Again, a reference was made by this Court to the District Magistrate in regard to the case on the 18th July, but it was not answere until the 30th November, i.e. after more than four months had elapsed.

2. The sentence is certainly inadequate, but it is not now, after the elapse of nine months, expedient to enhance the sentence by ordering the accused to undergo 2 or 3 months' imprisonment as proposed by the District Magistrate.


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