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Badi Vs. the Queen Empress - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad579
AppellantBadi
RespondentThe Queen Empress
Excerpt:
evidence act, section 30 - confession of co-prisoner used against abettor. - kernan and hutchins, jj.1. it remains to consider the case of the appellant badi sahib, we allow mr. wedderburn's contention that murder and abetment of murder are not the same specific offence so as to warrant the confessions of mahomed sahib, abdul kadar, and yeravadan, who are charged with murder, being taken into consideration under section 30 of the evidence act against badi sahib, who is charged with abetment only. we have, therefore, considered his case quite apart from those confessions.(upon the evidence of the approver, corroborated by other evidence in the case, the appeal was dismissed and the sentence confirmed.)
Judgment:

Kernan and Hutchins, JJ.

1. It remains to consider the case of the appellant Badi Sahib, We allow Mr. Wedderburn's contention that murder and abetment of murder are not the same specific offence so as to warrant the confessions of Mahomed Sahib, Abdul Kadar, and Yeravadan, who are charged with murder, being taken into consideration under Section 30 of the Evidence Act against Badi Sahib, who is charged with abetment only. We have, therefore, considered his case quite apart from those confessions.

(Upon the evidence of the approver, corroborated by other evidence in the case, the appeal was dismissed and the sentence confirmed.)


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