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In Re: Duraisawmi Tevan and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.885
AppellantIn Re: Duraisawmi Tevan and ors.
Excerpt:
penal code (act xlv of 1860), sections 302 and 149 - sentence of imprisonment--illegality. - 1. we think there can be no doubt that the appellants took part in the riot and that the accused nos. 1, 5, 7 and 8 have been rightfully convicted under sections 302 and 149, indian penal code. we confirm the sentence passed upon the accused nos. 1, 5, 7, 8.2. the sessions judge had also found the accused nos. 2, 3 and 4 guilty under sections 302 and 149 but has sentenced them to terms of imprisonment. for an offence under section 302, indian penal code, the lowest sentence is transportation for life. we think, however, we shall be justified in altering the conviction in the case of these accused to one under sections 326 and 149, indian penal code and the public prosecutor does not oppose this. the sentences are confirmed and the appeal is dismissed.
Judgment:

1. We think there can be no doubt that the appellants took part in the riot and that the accused Nos. 1, 5, 7 and 8 have been rightfully convicted under Sections 302 and 149, Indian Penal Code. We confirm the sentence passed upon the accused Nos. 1, 5, 7, 8.

2. The Sessions Judge had also found the accused Nos. 2, 3 and 4 guilty under Sections 302 and 149 but has sentenced them to terms of imprisonment. For an offence under Section 302, Indian Penal Code, the lowest sentence is transportation for life. We think, however, we shall be justified in altering the conviction in the case of these accused to one under Sections 326 and 149, Indian Penal Code and the Public Prosecutor does not oppose this. The sentences are confirmed and the appeal is dismissed.


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