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Ramkhelawan Chowbe and ors. Vs. Ramzan Kunjra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1897)ILR24Cal316
AppellantRamkhelawan Chowbe and ors.
RespondentRamzan Kunjra
Cases ReferredArpin Sheik v. Arobdi Datia.
Excerpt:
criminal procedure code (act x of 1882), section 423, clause (b), sub-section 3 - penal code (act xlv of 1860), sections 147, 379--enhancement of sentence. - .....district magistrate in this case is to acquit the accused of the offence under section 147 of the penal code, and enhance the sentence under section 379. if the accused have been rightly acquitted of the offence under section 147, it follows that the sentence imposed under that section must fall through. and we are of opinion that the necessary consequence of the order of the district magistrate maintaining the same sentence which the deputy magistrate had awarded is to enhance the sentence under section 379 which he had no authority to do under section 423, clause (b), sub-section 3 of the code of criminal procedure [see in this connection the decision of this court, in arpin sheik v. arobdi datia.2. [318] the order of the district magistrate enhancing the sentence from two to six.....
Judgment:

Ghose and Gordon, JJ.

1. It seems to us that the legal effect of the order of the District Magistrate in this case is to acquit the accused of the offence under Section 147 of the Penal Code, and enhance the sentence under Section 379. If the accused have been rightly acquitted of the offence under Section 147, it follows that the sentence imposed under that section must fall through. And we are of opinion that the necessary consequence of the order of the District Magistrate maintaining the same sentence which the Deputy Magistrate had awarded is to enhance the sentence under Section 379 which he had no authority to do under Section 423, clause (b), sub-Section 3 of the Code of Criminal Procedure [see in this connection the decision of this Court, in Arpin Sheik v. Arobdi Datia.

2. [318] The order of the District Magistrate enhancing the sentence from two to six months under Section 379 of the Penal Code will be set aside.


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