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In Re: Mekraj Alli Sahib and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1939Mad787; (1939)2MLJ36
AppellantIn Re: Mekraj Alli Sahib and ors.
Excerpt:
- - the sentences of the third and fourth accused under section 147 of the indian penal code are reduced to the period already undergone as recommended by the sessions judge and the order under section 106 of the code of criminal procedure will stand......324, 325 and 342 read with section 149 of the indian penal code are set aside. the sentences of the third and fourth accused under section 147 of the indian penal code are reduced to the period already undergone as recommended by the sessions judge and the order under section 106 of the code of criminal procedure will.....
Judgment:
ORDER

Lakshmana Rao, J.

1. The conviction of the petitioners was under Section 147 and Sections 324, 325 and 342 read with Section 149 of the Indian Penal Code and the view of the Sessions Judge that Section 106 of the Code of Criminal Procedure is inapplicable to the case is untenable. But the award of separate sentences under Section 147 and Sections 324, 325 and 342 read with Section 149 of the Indian Penal Code is illegal and the separate sentences awarded under Sections 324, 325 and 342 read with Section 149 of the Indian Penal Code are set aside. The sentences of the third and fourth accused under Section 147 of the Indian Penal Code are reduced to the period already undergone as recommended by the Sessions Judge and the order under Section 106 of the Code of Criminal Procedure will stand.


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