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In Re: Mir Hyder Saheb - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1038(1); 29Ind.Cas.88
AppellantIn Re: Mir Hyder Saheb
Excerpt:
penal code (act xlv of 1860), sections 109, 352 - inducing others to leat without taking part--abetment. - orderkumaraswami sastri, j.1. all that appears from the evidence is that 2nd accused, who was sitting on the pial, said 'beat.' i am of opinion that the 2nd accused on the evidence can only be convicted of abetment of an offence under section 352 of the indian penal code. the particular intention required to be proved before a conviction under section 353 or 355 can be sustained has not been made out. i convict the accused of abetment of an offence under section 352 and alter the sentence into one of imprisonment for the period he has already undergone and a fine of rs. 100. as the fine has been paid, it is not necessary to fix any imprisonment in default.
Judgment:
ORDER

Kumaraswami Sastri, J.

1. All that appears from the evidence is that 2nd accused, who was sitting on the pial, said 'beat.' I am of opinion that the 2nd accused on the evidence can only be convicted of abetment of an offence under Section 352 of the Indian Penal Code. The particular intention required to be proved before a conviction under Section 353 or 355 can be sustained has not been made out. I convict the accused of abetment of an offence under Section 352 and alter the sentence into one of imprisonment for the period he has already undergone and a fine of Rs. 100. As the fine has been paid, it is not necessary to fix any imprisonment in default.


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