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Empress Vs. Ishan Chundra De and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal847
AppellantEmpress
Respondentishan Chundra De and anr.
Cases ReferredEmpress v. Baney Madhub Shaw I.L.R.
Excerpt:
bengal excise act (vii of 1878), section 15, 58, 60 and 61 - sale by servant of licensed vendor--cooly employed by servant--reference to high court--revisional jurisdiction. - prinsep, j.1. the second defendant must clearly be acquitted on the authority of the judgment of this court in the case of empress v. kola lalang i.l.r. 8 cal. 214 in which we concur.2. the first defendant has in our opinion been properly convicted whether under section 60 or section 53 is immaterial-see queen v. ishan chunder shaha 19 w.r. cr. 34; empress v. baney madhub shaw i.l.r. 8 cal. 207 : 10 c.l.r. 389. we would farther observe that for reasons stated by the sessions judge himself, he need not have referred the case of this prisoner. a necessity for altering a conviction from one section to another for cognate offences when the accused has not been prejudiced by any such error is no sufficient ground for a reference to the court of revision.
Judgment:

Prinsep, J.

1. The second defendant must clearly be acquitted on the authority of the judgment of this Court in the case of Empress v. Kola Lalang I.L.R. 8 Cal. 214 in which we concur.

2. The first defendant has in our opinion been properly convicted whether under Section 60 or Section 53 is immaterial-see Queen v. Ishan Chunder Shaha 19 W.R. Cr. 34; Empress v. Baney Madhub Shaw I.L.R. 8 Cal. 207 : 10 C.L.R. 389. We would farther observe that for reasons stated by the Sessions Judge himself, he need not have referred the case of this prisoner. A necessity for altering a conviction from one section to another for cognate offences when the accused has not been prejudiced by any such error is no sufficient ground for a reference to the Court of Revision.


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