Skip to content


In Re: Uppala Kotayya Nagaram - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1916Mad683(1); 30Ind.Cas.656
AppellantIn Re: Uppala Kotayya Nagaram
Cases ReferredQueen v. Nabi Saheb
Excerpt:
penal code (act xlv of 1860), section 224, appeal from conviction for offence under - appellant pleading illegality of confinement in stock owing to his respectability--appellate court, duty of. - orderayling, j.1. the sub-divisional magistrate remarks that accused was 'not a pariah, but a govandla ryot owning some lands to whom imprisonment in stocks is a great disgrace;' and on this account has reduced the sentence. he does not appear, however, to have considered whether in view of these circumstances accused was liable to the punishment of confinement in the stocks. if on this ground the sentence of confinement in the stocks was illegal, accused cannot be convicted of an offence under section 224, indian penal code, in escaping from it.2. the order of the sub-divisional magistrate is set aside: and he is directed to restore the appeal to file and dispose of it according to law in the light of the above remarks and of the decision in queen v. nabi saheb 6 m.k 247 : 1 weir 927.
Judgment:
ORDER

Ayling, J.

1. The Sub-Divisional Magistrate remarks that accused was 'not a pariah, but a govandla ryot owning some lands to whom imprisonment in stocks is a great disgrace;' and on this account has reduced the sentence. He does not appear, however, to have considered whether in view of these circumstances accused was liable to the punishment of confinement in the stocks. If on this ground the sentence of confinement in the stocks was illegal, accused cannot be convicted of an offence under Section 224, Indian Penal Code, in escaping from it.

2. The order of the Sub-Divisional Magistrate is set aside: and he is directed to restore the appeal to file and dispose of it according to law in the light of the above remarks and of the decision in Queen v. Nabi Saheb 6 M.K 247 : 1 Weir 927.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //