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Emperor Vs. Varadan and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.415
AppellantEmperor
RespondentVaradan and anr.
Excerpt:
penal code (act xlv of 1860), sections 379, 429 - appeal against two convictions--setting aside of one conviction and confirming the sentences in both--enhancement of sentences. - ordermiller, j.1. the magistrate should have reduced the sentence when setting aside the conviction for one of the offences in respect of which the sentence was imposed. otherwise according to the decisions he must be held to have enhanced it. the sessions judge does not suggest that the punishment awarded is excessive. i reduce the sentence by seven days.
Judgment:
ORDER

Miller, J.

1. The Magistrate should have reduced the sentence when setting aside the conviction for one of the offences in respect of which the sentence was imposed. Otherwise according to the decisions he must be held to have enhanced it. The Sessions Judge does not suggest that the punishment awarded is excessive. I reduce the sentence by seven days.


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