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Gahar Mahammed Sarkar and ors. Vs. Pitambar Das - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in47Ind.Cas.868
AppellantGahar Mahammed Sarkar and ors.
RespondentPitambar Das
Excerpt:
penal code (act xlv of 1860), section 186 - decree for restitution of conjugal rights--warrant to seize wife, legality of--resistance to warrant--offence. - 1. in this case we think that the warrant, the execution of which is said to have been resisted, was illegal. the petitioners should not, therefore, have been convicted under section 186, indian penal code. we set aside the conviction and sentence and direct that the fines, if paid, be refunded.
Judgment:

1. In this case we think that the warrant, the execution of which is said to have been resisted, was illegal. The petitioners should not, therefore, have been convicted under Section 186, Indian Penal Code. We set aside the conviction and sentence and direct that the fines, if paid, be refunded.


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