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In Re: Kurumba Hosakeri - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.397
AppellantIn Re: Kurumba Hosakeri
Excerpt:
criminal procedure code (act v of 1898), section 367(5) - offence punishable with death--accused sentenced to imprisonment--reason to be assigned. - 1. we agree with the sessions judge that the evidence establishes the guilt of the accused. the sessions judge has apparently overlooked the provisions of section 367(5) of the criminal procedure code which require him to state his reasons for not passing sentence of death in a case in which he convicts an accused person of an offence punishable with death.2. we confirm the conviction and sentence and dismiss the appeal.
Judgment:

1. We agree with the Sessions Judge that the evidence establishes the guilt of the accused. The Sessions Judge has apparently overlooked the provisions of Section 367(5) of the Criminal Procedure Code which require him to state his reasons for not passing sentence of death in a case in which he convicts an accused person of an offence punishable with death.

2. We confirm the conviction and sentence and dismiss the appeal.


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