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Hara Mohan Das Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in96Ind.Cas.119
AppellantHara Mohan Das
RespondentEmperor
Cases ReferredEmpress v. Kherode Chunder Mozumdar
Excerpt:
penal code (act xlv of 1860), sections 196, 471 - offence established under section 471--conviction under section 196, legality of--procedure. - 1. in this case the accused has been convicted under section 196, indian penal code. a perusal of the judgment of the learned magistrate shown that there should not have been a conviction under section 196 having regard to the facts found see in this connection empress v. kherode chunder mozumdar 5 c. 717 : 6 c.l.r. 118 : 3 shome l.r. cr. r. 20 : 2 ind. dec. (n.s.) 1063. the facts found -show that the section of the indian penal code under which the accused should uava been charged is section 471, indian penal code. an offence under section 471 is exclusively triable by a court of. session, and on the findings arrived at by the magistrate, it would appear that there is a prima facie case against the accused under section 471, indian penal code.2. we, therefore, set aside the conviction.....
Judgment:

1. In this case the accused has been convicted under Section 196, Indian Penal Code. A perusal of the judgment of the learned Magistrate shown that there should not have been a conviction under Section 196 having regard to the facts found see in this connection Empress v. Kherode Chunder Mozumdar 5 C. 717 : 6 C.L.R. 118 : 3 Shome L.R. Cr. R. 20 : 2 Ind. Dec. (N.S.) 1063. The facts found -show that the section of the Indian Penal Code under which the accused should uava been charged is Section 471, Indian Penal Code. An offence under Section 471 is exclusively triable by a Court of. Session, and on the findings arrived at by the Magistrate, it would appear that there is a prima facie case against the accused under Section 471, Indian Penal Code.

2. We, therefore, set aside the conviction and sentence under Section 196, Indian Penal Code, and direct the Magistrate to commit the accused to the Court of Session to stand his trial under Section 471, Indian Penal Code. With these remarks let the record be sent down to the lower Court as early as possible.

6. The petitioner who is on bail will remain on the same bail as he is now, pending further orders of the Magistrate.


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