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Gokal and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in71Ind.Cas.503
AppellantGokal and ors.
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), section 352 - criminal force, use of, to police constable executing warrant--warrant technically defective--offence. - 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. - upon the facts the four persons convicted clearly used criminal force, i am not disposed to go out of my way to find technical excuses for persons who use criminal force towards constables acting honestly within the scope of their authority......not agree with the learned sessions judge that no offence was committed. upon the facts the four persons convicted clearly used criminal force, i am not disposed to go out of my way to find technical excuses for persons who use criminal force towards constables acting honestly within the scope of their authority. the circumstance that the warrant which they were endeavouring to execute contained a technical defect, which the constables could not possibly have any idea of, would affect the case only this much that it renders the persons convicted not guilty of a more serious offence. they have already been found not guilty of that offence. the position of the constables was that they had to obey orders. the persons convicted had not the vaguest idea that the warrant contained a.....
Judgment:

Stuart, J.

1. I do not agree with the learned Sessions Judge that no offence was committed. Upon the facts the four persons convicted clearly used criminal force, I am not disposed to go out of my way to find technical excuses for persons who use criminal force towards constables acting honestly within the scope of their authority. The circumstance that the warrant which they were endeavouring to execute contained a technical defect, which the constables could not possibly have any idea of, would affect the case only this much that it renders the persons convicted not guilty of a more serious offence. They have already been found not guilty of that offence. The position of the constables was that they had to obey orders. The persons convicted had not the vaguest idea that the warrant contained a technical defect bat used criminal force to prevent the warrant being executed. I change the convictions from Sections 323 to convictions under Section 352 and uphold the sentences. If Enayat has been released on bail, he will surrender to his bail and serve the remainder of the sentence of one month's rigorous imprisonment.


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