High CourtsSingle Bench(1914) 10 MAD CK 0006

In Re: D. Suryanarayana Row and Another

Madras High Court · Decided on 9 October 1914 · Citation: 25 Ind. Cas. 1008(1)

HON’BLE JUDGES
Sadasiva Aiyar, J

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Judgment

5 paragraphs · 122 words

Sadasiva Aiyar, J.—I see no reason to interfere with the convictions and I don''t agree with the case of Sahib Singh v. Emperor 38 P.R.

1905 Cr. : 115 P.L.R. 1905 : 2 Cri.L.J. 694, which decides that because it is illegal to try two persons for two distinct offences committed by

them, the Appellate Court has no power to convict one of two persons tried for a certain offence of another offence found done on the facts.

2.

As regards the sentence on the first accused who is a young man affected by the evil influence of his elder brother, I reduce it to the term of

imprisonment already undergone by him. The case as regards the other accused is dismissed.