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In Re: Mennakanti Rosayya and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in100Ind.Cas.534
AppellantIn Re: Mennakanti Rosayya and ors.
Excerpt:
criminal procedure code (act v of 1898), section 16 - bench of magistrates--president voting against finding of guilt, whether incompetent to give casting vote on question of sentence. - curgenven, j.1. the fact that the president of the bench was among those who thought the accused were not guilty was no reason why on their being found guilty by a majority of the bench, he should not vote on the question of sentence. that being so, his casting vote settled the sentence at rs. 25 instead of rs. 10 and so far as i can see the procedure in doing so was perfectly legal. the criminal revision case is dismissed.
Judgment:

Curgenven, J.

1. The fact that the President of the Bench was among those who thought the accused were not guilty was no reason why on their being found guilty by a majority of the Bench, he should not vote on the question of sentence. That being so, his casting vote settled the sentence at Rs. 25 instead of Rs. 10 and so far as I can see the procedure in doing so was perfectly legal. The criminal revision case is dismissed.


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