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In Re: Govindan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Judge
Reported inAIR1958Mad300; (1958)IMLJ347
AppellantIn Re: Govindan
Excerpt:
- .....he had bleeding injuries on his person. the beatings by accused 1 is established by the plea of guilty by accused 1.4. in the view of the magistrate the second accused was also guilty of the offence. the second accused was admonished and released., when two accused are found guilty for the same offence the code does not contemplate giving compensation by one accused to the other accused. the trial court has therefore no jurisdiction to award compensation out of the amount collected from accused 1 to be paid to accused 2. the order of compensation has therefore to b& set aside and is hereby set aside.5. so far as accused 1 is concerned he has-been asked to execute a bond for rs. 50 to keep the peace for 18 months. i think that a period of nine months will meet the ends off justice. the.....
Judgment:
ORDER

Somasundaram, J.

1. These revisions have been taken up by the High Court. Accused 1 and 2 were charged by the police under Section 75 of the City Police Act. Accused 1 pleaded guilty and hag been sentenced to pay a fine of Rs. 25. Accused 2 did not plead guilty but stated that he was employed under accused 1 and. his salary for 28 days was due to him from accused 1. He was-beaten by accused 1 when he went and demanded wages. No evidence has been let in on the side of the prosecution in support of the charge under Section 75.

2. So far as accused 1 is concerned in-view of his plea of guilty his conviction will have to be confirmed. So far as accused 2 i concerned, as he has not pleaded guilty and as-there is no evidence let in to prove that he also behaved in a disorderly manner in a public place he cannot be found guilty of the offence under Section 75. The conviction of accused 2 is therefore set aside.

3. The learned Honorary Presidency Magistrate while sentencing accused 1 to a fine of Rs. 25 has ordered compensation to be pd to-accused 2. Out of the fine, if collected, he directed that a sum of Rs. 10 should be paidfc to accused 2. In the absence of any evidence-to show that the second accused was guilty of disorderly behaviour there is no reason why the-Court should not accept the statement of accused 2 that he was beaten by accused 1 where he demanded wages due to him. The Honorary Magistrate found that he had bleeding injuries on his person. The beatings by accused 1 is established by the plea of guilty by accused 1.

4. In the view of the Magistrate the second accused was also guilty of the offence. The second accused was admonished and released., When two accused are found guilty for the same offence the Code does not contemplate giving compensation by one accused to the other accused. The trial Court has therefore no jurisdiction to award compensation out of the amount collected from accused 1 to be paid to accused 2. The order of compensation has therefore to b& set aside and is hereby set aside.

5. So far as accused 1 is concerned he has-been asked to execute a bond for Rs. 50 to keep the peace for 18 months. I think that a period of nine months will meet the ends off justice. The period of bond will therefore be-reduced to nine months.


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