The Principles of Indian Criminal Law; An Introduction to the Study of the Penal Code

9780217633413: The Principles of Indian Criminal Law; An Introduction to the Study of the Penal Code

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907. Excerpt: ... reading Indian and Ceylon reports, than the number of appeals, references and revisions which take up the time of the High Court, and simply manifest the obvious unfitness of the subordinate judiciary for executing their offices. One such absurd case is in 12 Suth., W. R. Cr. 25. A rather more instructive decision is in the 23rd volume of Sutherland--E. v. Budri Roy, 23 W. R. Cr. 65. The prisoner struck one Foujdar a blow, whereof he instantly died. At least, the Lower Court accepted that story, which, I need hardly say, did not tally with Budri Roy's, and the High Court thought the facts correctly found. The conviction below was under B. 325. The High Court quashed that conviction on the ground of the absence of proof of specific hurt of one of the eight kinds mentioned. I have heard it ruled that the death of a person after a blow is proof per se that the blow is a hurt, which endangers life, but two things have to be shown: (a) that death was referable to the blow and to no other cause (this was not clear in Budri Roy's case); (b) that the accused knew himself to be likely to cause such hurt. This last necessity was apparently overlooked in an early case in Sutherland--R. v. Megha Meeah, 2 Suth., W. R. Cr. 39. There the accused struck the deceased on the side with a light stick and caused his death by rupture of the spleen. This was held on appeal to be grievous hurt and not culpable homicide, on the ground that there was no intention to cause death or such bodily injury as was likely to cause it. The Court failed to observe that no evidence established any intention to cause, or knowledge of the likelihood of causing, any one of the eight sorts of injury described in s. 320. Undoubtedly the conviction should have been (as in the cases cited, ante p. 7...

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