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Andi Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.557
AppellantAndi
RespondentEmperor
Excerpt:
inquest report - refusal to sign--no offence--powers of village head--criminal procedure code (act v of 1898), sections 174 and 175. - ordersankaran nair, j.1. i agree with the district magistrate that an inquest report is not a statement within the meaning of section 180 of the indian penal code and refusal to sign such a report is not an offence punishable under the penal code. he is also right in holding that village head acting under sections 174 and 175, criminal procedure code, has only the powers of a police officer specified in section 175. the conviction is accordingly set aside and the fine levied will be refunded.
Judgment:
ORDER

Sankaran Nair, J.

1. I agree with the District Magistrate that an inquest report is not a statement within the meaning of Section 180 of the Indian Penal Code and refusal to sign such a report is not an offence punishable under the Penal Code. He is also right in holding that Village Head acting under Sections 174 and 175, Criminal Procedure Code, has only the powers of a Police officer specified in Section 175. The conviction is accordingly set aside and the fine levied will be refunded.


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