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In Re: Muthu Gownden and anr.; in Re: Palaniandi Gownden and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.12
AppellantIn Re: Muthu Gownden and anr.; in Re: Palaniandi Gownden and ors.
Cases ReferredMagistrate. Moni Mohan Mondal v. Iswar Chunder Mookerjee
Excerpt:
appeal (criminal) - evidence--power of appellate court to take further evidence--sessions judge referring to documents not on the record of magistrates' proceedings--jurisdiction--criminal procedure code (act v of 1898), section 437. - order1. the sessions judge was in error in referring to documents and evidence which did not form part of the racord of the proceedings before the magistrate. moni mohan mondal v. iswar chunder mookerjee 6 cri.l.j. 251 : 6 cri. l.j. 357.2. but, having considered the case ourselves, we do not think that on account of this irregularity we ought to interfere with the sessions judge's orders.3. we dismiss the petitions.
Judgment:
ORDER

1. The Sessions Judge was in error in referring to documents and evidence which did not form part of the racord of the proceedings before the Magistrate. Moni Mohan Mondal v. Iswar Chunder Mookerjee 6 Cri.L.J. 251 : 6 Cri. L.J. 357.

2. But, having considered the case ourselves, we do not think that on account of this irregularity we ought to interfere with the Sessions Judge's orders.

3. We dismiss the petitions.


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