Emperor Vs Dhondi Bapu Bhapkar

Bombay High Court 4 Oct 1906 Criminal Reference No. 71 of 1906 (1906) 10 BOM CK 0014

Bench: Division Bench

Acts Referenced

Judgement Snapshot

Case Number

Criminal Reference No. 71 of 1906

Hon'ble Bench

Heaton, J; Aston, J

Acts Referred

Criminal Procedure Code, 1898 (CrPC) - Section 35
Penal Code, 1860 (IPC) - Section 380, 457

Judgement Text

Translate:

1. The offences under Sections 457 and 380 of the Indian Penal Code not being distinct offences (see illustration to Section 35, Criminal Procedure Code) the trying Magistrate''s ordinary jurisdiction was not enhanced by the provisions of para 2 and proviso (b) of Section 35, Criminal Procedure Code, and the Magistrate was not competent to pass sentences exceeding in the aggregate two years imprisonment. See Queen Empress v. Malu (1899) 1 Bom. L.R. 142 : ILR 23 Bom. 706. We alter the two separate sentences to one of two years rigorous imprisonment.

Delhi HC