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In Re: Mari and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.754
AppellantIn Re: Mari and ors.
Excerpt:
conviction under two section - appeal--convition under one section quashed--sentence not reduce--whether enhancement--revision--criminal procedure code (act v of 1898), sections 435, 439. - ordermiller, j.1. in this case a ground is taken that the sentence ought to have been reduced. no doubt that must be done when a sentence has been passed for an offence of which the accused is afterwards found to be not guilty. the effect of not doing so is, as has been held, to enhance the sentence passed for another offence. but here the true inference to be drawn from the sentences is that the magistrate did not mean to pass any sentence for the offence of hurt and that being so there was nothing to reduce. i dismiss this petition.
Judgment:
ORDER

Miller, J.

1. In this case a ground is taken that the sentence ought to have been reduced. No doubt that must be done when a sentence has been passed for an offence of which the accused is afterwards found to be not guilty. The effect of not doing so is, as has been held, to enhance the sentence passed for another offence. But here the true inference to be drawn from the sentences is that the Magistrate did not mean to pass any sentence for the offence of hurt and that being so there was nothing to reduce. I dismiss this petition.


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