High CourtsDivision Bench(1927) 11 MAD CK 0038

In Re: Komaragiri Bitchalugadu

Madras High Court · Decided on 11 November 1927 · Citation: (1928) 27 LW 734 : (1928) 54 MLJ 444

HON’BLE JUDGES
Devadoss, J

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Judgment

7 paragraphs · 173 words

Devadoss, J.—This is a reference by the Sessions Judge of Guntur, recommending the quashing of the conviction of the accused u/s 24-b of

the Criminal Tribe? Act, VI of 1924. u/s 24-b, if a member of a registered criminal tribe is found in any place under such circumstances as to

satisfy the court that he was waiting for an opportunity to commit theft or robbery he shall be punished with imprisonment for a term which may

extend to three years, etc. All the evidence against the accused is that he was found near a pond and that he had a pair of scissors and a box of

matches. I do not think this would in any way amount to an offence u/s 24-b. As the Sessions Judge has rightly remarked, the facts proved do not

make out that the accused was waiting for an opportunity to commit theft or robbery. I therefore set aside the conviction and sentence of the

accused and direct his immediate release if he has not been already released.