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In Re: Sinna Ranga Boyan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1945Mad472; (1945)2MLJ95
AppellantIn Re: Sinna Ranga Boyan and ors.
Excerpt:
- .....were convicted by the trial court for offences under sections 147 and 148 of the indian penal code. on appeal to the sessions judge of coimbatore, the convictions for the offences under sections 147 and 148 of the indian penal code were set aside because in the opinion of the sessions judge, there was no proof that any more than three persons took part in beating the complainant. the sessions judge, although he set aside the convictions, remanded the case for fresh disposal, since he thought that the evidence showed that offences under sections 323 and 324, indian penal code, in respect of which no charges were framed had been committed. in my judgment the learned sessions judge had no jurisdiction to remand the case for fresh disposal. if the petitioners are now to be tried.....
Judgment:
ORDER

Happell, J.

1. The petitioners were convicted by the trial Court for offences under Sections 147 and 148 of the Indian Penal Code. On appeal to the Sessions Judge of Coimbatore, the convictions for the offences under Sections 147 and 148 of the Indian Penal Code were set aside because in the opinion of the Sessions Judge, there was no proof that any more than three persons took part in beating the complainant. The Sessions Judge, although he set aside the convictions, remanded the case for fresh disposal, since he thought that the evidence showed that offences under Sections 323 and 324, Indian Penal Code, in respect of which no charges were framed had been committed. In my judgment the learned Sessions Judge had no jurisdiction to remand the case for fresh disposal. If the petitioners are now to be tried for offences under Sections 323 and 324 of the Indian Penal Code, they would be being tried on the same facts as the facts which formed the subject-matter of the case under Sections 147 and 148, Indian Penal Code, and in respect of offences for which charges might have been framed in the case in which they have been acquitted. They will in fact be being tried again for the same offence within the meaning of Section 403(1) of the Code of Criminal Procedure.

2. The order of the Sessions Judge directing remand of the case for fresh disposal is therefore set aside. The acquittal of the accused is confirmed and their bail bonds will be cancelled.


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