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In Re: Jalakam Venkata Subbadu - Court Judgment

LegalCrystal Citation
Subject crimminal
CourtChennai
Decided On
Reported inAIR1942Mad81
AppellantIn Re: Jalakam Venkata Subbadu
Excerpt:
- .....with the conviction. but his last conviction was on 12th march 1928 when he was sentenced to rigorous imprisonment for seven years and the present offence was committed on 16th november 1939. there was thus an interval of about five years between his coming out of prison after serving his last sentence and the commission of the offence and as held in in re karuppa thevan (1929) mad 841 this is a special reason to the contrary within the meaning of section 28 (1) (b), criminal tribes act, for awarding a lesser sentence than transportation for life. this was overlooked by the sessions judge and having regard to all the circumstances a sentence of rigorous imprisonment for seven years would suffice. the sentence is therefore reduced to rigorous imprisonment for seven years and.....
Judgment:

Lakshmana Rao, J.

1. The appellant has been convicted under Sections 397 and 324, Penal Code and Section 23, Clause (1)(b), Criminal Tribes Act and sentenced to transportation for life. The appellant pleaded guilty to the charges and there is no ground for interference with the conviction. But his last conviction was on 12th March 1928 when he was sentenced to rigorous imprisonment for seven years and the present offence was committed on 16th November 1939. There was thus an interval of about five years between his coming out of prison after serving his last sentence and the commission of the offence and as held in In re Karuppa Thevan (1929) Mad 841 this is a special reason to the contrary within the meaning of Section 28 (1) (b), Criminal Tribes Act, for awarding a lesser sentence than transportation for life. This was overlooked by the Sessions Judge and having regard to all the circumstances a sentence of rigorous imprisonment for seven years would suffice. The sentence is therefore reduced to rigorous imprisonment for seven years and otherwise the appeal is dismissed.


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