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Sugali Pedda Ganglegadu Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1927Mad973a
AppellantSugali Pedda Ganglegadu
RespondentEmperor
Excerpt:
- wallace, j.1. accused's previous convictions were under sections 457 and 380 or 411. i. p. c. of these sections only section 457 appears in schedule 1, criminal tribes act, one should in these cases take the view most favourable to the accused and assume therefore that for purposes of enhanced punishment, the previous convictions were under section 411, and therefore the criminal tribes act section 23 (1) (b) does not apply.2. accused is therefore an old offender under section 75, i. p. c., and has been now convicted of an offence under section 382, i. p. c. i reduce the sentence to rigorous imprisonment for three years and six months.
Judgment:

Wallace, J.

1. Accused's previous convictions were under Sections 457 and 380 or 411. I. P. C. Of these sections only Section 457 appears in Schedule 1, Criminal Tribes Act, One should in these cases take the view most favourable to the accused and assume therefore that for purposes of enhanced punishment, the previous convictions were under Section 411, and therefore the Criminal Tribes Act Section 23 (1) (b) does not apply.

2. Accused is therefore an old offender under Section 75, I. P. C., and has been now convicted of an offence under Section 382, I. P. C. I reduce the sentence to rigorous imprisonment for three years and six months.


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