FAKIRCHAND NANDRAM AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is a Special Appeal under Section 25, Clause 2, Madhya Bharat High Court Act. The accused Appellants Hemraj and Fakirohand are convicted under Section 885, Gwalior Penal Code, corresponding to Section 390, Indian Penal Code, and sentenced to rigorous imprisonment for ten years each and fine of 1 rupee each by the Sessions Judge, Ujjain. As the learned Sessions Judge found both the accused also guilty under Section 292, Gwalior Penal Code, corresponding to Section 802, Indian Penal Code, but could not inflict adequate sentence, he referred the case to the High Court to pass a sentence of more than 14 years or life imprisonment or death sentence.

(2.) THE accused Appellants also preferred appeal against the order of conviction and sentence under Section 385, for 10 years, passed by the Sessions Judge, Ujjain.

(3.) I may here mention that the sentence of hanging passed by the learned Judges of the Division Bench is not in proper legal form. Section 802, Penal Code, and the corresponding Section 292, Gwalior Penal Code, prescribes a sentence of death or rigorous imprisonment for life. The manner and method by which the sentence of death is to be carried is not mentioned in Section 302, Penal Code. It appears to me surprising that the learned Judges have subsequently justified the use of word hanging ¼ Qkalh 1/2.