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Koila thevan Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.797
AppellantKoila thevan
RespondentEmperor
Cases ReferredRattigadu v. Konda Reddi
Excerpt:
madras village police regulation (xi of 1816), section 10 - kallan--whether one of lowercaste. - ordermiller, j.1. the accused was a kallan and was found by the village magistrate guilty of abusive language and sentenced to three hours confinement in the stocks. the offence was undoubtedly an offence of abusive language and the village magistrate was competent to punish it. but i am bound by the decision in queen v. nabi sahib 6 m.a 247; rattigadu v. konda reddi 24 m. 271 and it seems to me that the interpretation put in those cases on the phrase in the regulation, the lower castes of the people would exclude the kalian caste from that category. i do not think the kalians were ever regarded as a servile caste. the sentence is set aside. no further proceedings need be taken in the matter.
Judgment:
ORDER

Miller, J.

1. The accused was a Kallan and was found by the Village Magistrate guilty of abusive language and sentenced to three hours confinement in the stocks. The offence was undoubtedly an offence of abusive language and the Village Magistrate was competent to punish it. But I am bound by the decision in Queen v. Nabi Sahib 6 M.A 247; Rattigadu v. Konda Reddi 24 M. 271 and it seems to me that the interpretation put in those cases on the phrase in the Regulation, the lower castes of the people would exclude the Kalian caste from that category. I do not think the Kalians were ever regarded as a servile caste. The sentence is set aside. No further proceedings need be taken in the matter.


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