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Balusu Lakshmayya and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in16Ind.Cas.520
AppellantBalusu Lakshmayya and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 367 - judgment--contents. - orderayling, j.1. the judgment of the deputy magistrate does not comply with the requirements of section 367, criminal procedure code. there is a long recital of the facts preceding the alleged offence, but no discussion of the evidence or anything to indicate that the magistrate has considered such essential points as the ownership of the grain, the possibility of accused having acted in good faith, or the evidence implicating individual accused persons. the order of the deputy magistrate confirming the convictions and sentences is set aside; and he is directed to re-hear the appeal and dispose of it according to law. the accused, who has been admitted to bail by this court, will remain on the same bail pending disposal of the appeal by the deputy magistrate.
Judgment:
ORDER

Ayling, J.

1. The judgment of the Deputy Magistrate does not comply with the requirements of Section 367, Criminal Procedure Code. There is a long recital of the facts preceding the alleged offence, but no discussion of the evidence or anything to indicate that the Magistrate has considered such essential points as the ownership of the grain, the possibility of accused having acted in good faith, or the evidence implicating individual accused persons. The order of the Deputy Magistrate confirming the convictions and sentences is set aside; and he is directed to re-hear the appeal and dispose of it according to law. The accused, who has been admitted to bail by this Court, will remain on the same bail pending disposal of the appeal by the Deputy Magistrate.


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