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Singaravelu Pillay and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.203
AppellantSingaravelu Pillay and ors.
RespondentEmperor
Cases ReferredPadmanaba Payi Kanmah v. Emperor
Excerpt:
penal code (act xiv of 1860), sections 109, 379 - theft, conviction for--modification of conviction by appellate court into one of abetment--illegality. - order1. following the ruling in padmanaba payi kanmah v. emperor 7 m.l.t. 79 ind. cas. 11 cri. l.j. 49 we must hold that the action of the sub' divisional magistrate in converting the conviction of the 1st appellant (1st petitioner) into one of abetment of theft was illegal. he apparently finds him not guilty of the principal offence and the conviction and sentence of the first appellant must, therefore, be set aside.2. we find no ground for interference in the case of the other petitioners.
Judgment:
ORDER

1. Following the ruling in Padmanaba Payi Kanmah v. Emperor 7 M.L.T. 79 Ind. Cas. 11 Cri. L.J. 49 we must hold that the action of the Sub' Divisional Magistrate in converting the conviction of the 1st appellant (1st petitioner) into one of abetment of theft was illegal. He apparently finds him not guilty of the principal offence and the conviction and sentence of the first appellant must, therefore, be set aside.

2. We find no ground for interference in the case of the other petitioners.


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