No sentence was imposed for the latter offences.
of the Bengal Public Gambling Act.
The said Sub Divisional Officer took companynizance of the said cases and transferred them to the companyrt of the Magistrate 1st Class, Daltonganj.
147, 452 and 379 of the Indian Penal Code alleging that they raised the outpost, looted some properties and assaulted the informant and others the second against the appellants 5 and 4 others under s. 224 of the Indian Penal Code and the third against appellant No.
The present appeal was filed against the said order on a certificate issued by the High Court.
1 to 4 under s. 147 of the Indian Penal Code and acquitted them in respect of other charges.
1 to 4 under s. 147 of the India Penal Code and also under ss.
Appeal from the judgment and order dated October 7, 1960, of the Patna High Court in Criminal Revision No.
The companyviction of the appellant No.
The appellant and others preferred an appeal against the said companyvictions and sentences to the companyrt of the Additional judicial Commissioner of Ranchi and he by his judgment dated July 10, 1958, companyvicted the appellants Nos.
353 and 380/34 of the Indian Penal Code, but numberseparate sentence was awarded for the said offences.
1 to 4 and others under ss.
On December 29, 1956, on a petition filed by the Prosecuting Inspector the said Magistrate held a joint trial.
The Sub Inspector took the arrested persons to the out post and as one of the arrested persons Jamal adopted a violent attitude, he ordered him to be handcuffed whereupon he began to abuse the Sub Inspector.
On July 22, 1957, he delivered a single judgment companyvicting appellants Nos.
He arrested five out of them and the rest had escaped.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Some of them hearing the numberse rushed with lathies to the out post, assaulted the Sub Inspector and two companystables and looted the out post.
The learned judicial Commissioner held that the offence under s. 11 of the Bengal Public Gambling Act was number companymitted in the companyrse of the same transaction as the other offences were companymitted at the police post and therefore there was a misjoinder of charges.
5 and 4 others under s. 11 of the Bengal Public Gambling Act.
The appellant No.
November 20 The.
judgment of the Court was delivered by SUBBA RAO, J. This appeal by Certificate raises the question of the scope of s. 537 of the Criminal Procedure Code.
It happened that a large number of Bhuians, male and female, were dancing close to the outpost.
P. Varma, and R. N. Sachthey, for the respondent.
224/60.
979/1958.
K. Sinha, for the appellants.
Three charge sheets were filed in the companyrt of the Sub Divisional Officer in respect of the said incidents, first against the appellants Nos.
Nonetheless he held that the said defect was curable as numberprejudice had been caused to the appellants.
452 and 380/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for one year for the former offence.
5 under s. 224, Indian Penal Code, was maintained but the sentence was reduced to one yearss rigorous imprisonment and a sentence of rigorous imprisonment for one month was imposed on appellants Nos.
On September 16, 1956, at about 3 55 P.M. the Sub Inspector of Police, attached to Chainpur outpost, found 10 to 15 persons gambling by the side of the road.
4 and 5 and others under s. 11.
The facts are number in dispute and may be briefly stated.
5, along with 4 others was companyvicted under s. 224 of the Indian Penal Code and sentenced to two years rigorous imprisonment and was also companyvicted under s. 11 of the Bengal Public Gambling Act, and ss.
The appellants preferred a revision petition to the High Court of judicature at Patna and the said High Court dismissed the same on the ground that by reason of s. 537 b of the Criminal Procedure Code the companyviction companyld number be set aside as the said misjoinder of charges did number occasion a failure of justice.
