High CourtsDivision Bench

In Re: Shumsher Khan <BR> The Empress

Calcutta High Court · Decided on 7 February 1881 · Citation: (1881) ILR (Cal) 624

HON’BLE JUDGES
Prinsep, J · Cunningham, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 36
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Judgment

4 paragraphs · 124 words

Cunningham, J.—We think that the appeal must be dismissed, on the ground that there is no sufficient reason shown for calling in question the deliberate conclusion at which the Magistrate has arrived.

2.

With regard to the point that the sentence required the confirmation of the Sessions Judge, we think that the words of Section 36 of the Code of Criminal Procedure must be construed to refer to cases in which the sentence of imprisonment is a sentence of upwards of three years, and to leave aside any sentence the Magistrate may pass as to fine or whipping.

3.

We, therefore, think that it is unnecessary for the sentence in this case to be confirmed by the Sessions Judge.

4.

The appeal is dismissed.