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Padmanaba Payi Kanniah Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.145a
AppellantPadmanaba Payi Kanniah
RespondentEmperor
Cases ReferredRegina v. Chand Nar and Pirbhai Adamji
Excerpt:
criminal procedure code (act v of 1898), section 423 - conviction for principal offence quashed by appellate court--whether appellate court can convict for abetment. - - those provisions are to be found in sections 237 and 238 of the criminal procedure code and neither of these covers a case like the present......case the appellant and another were charged with offences under sections 467 and 468 of the indian penal code. the appellant was convicted under these sections. such evidence as there is, however, shows that the alteration of the document was made not by the appellant, but by the man who was charged along with him. the conviction of the appellant under sections 467 and 468 of the indian penal code was, therefore, wrong. we are asked; however, to consider the propriety of convicting the appellant for abetment of these offences. we have not been referred to any authority in support of the proposition that when a person has been charged with a certain offence and has been convicted of that offence, the appellate court can, on finding that the conviction is not sustainable, convict the.....
Judgment:

1. In this case the appellant and another were charged with offences under Sections 467 and 468 of the Indian Penal Code. The appellant was convicted under these sections. Such evidence as there is, however, shows that the alteration of the document was made not by the appellant, but by the man who was charged along with him. The conviction of the appellant under Sections 467 and 468 of the Indian Penal Code was, therefore, wrong. We are asked; however, to consider the propriety of convicting the appellant for abetment of these offences. We have not been referred to any authority in support of the proposition that when a person has been charged with a certain offence and has been convicted of that offence, the appellate Court can, on finding that the conviction is not sustainable, convict the accused of abetment of that offence. No doubt under Section 423 of the Criminal Procedure Code the appellate Court has power to alter a finding, but we take it that that power cannot be used arbitrarily but only in accordance with other provisions of the Code. Those provisions are to be found in Sections 237 and 238 of the Criminal Procedure Code and neither of these covers a case like the present. The ruling in Regina v. Chand Nar and Pirbhai Adamji 11 B.H.C.R. 240, is clear authority for holding that it is not open to a Court to find a man guilty of the abetment of an offence on a charge of the offence itself, and we agree with the reasoning on which the ruling is based.

2. We set aside the convictions and acquit the accused of offences under Sections 487 and 468 of the Indian Penal Code. His bail bond is discharged.


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