LAWS(GAU)-1950-2-8

MUKLESUR RAHMAN AND ANR. Vs. THE KING

Decided On February 07, 1950
Muklesur Rahman And Anr. Appellant
V/S
The King Respondents

JUDGEMENT

(1.) THIS is an appeal from jail preferred by one Muklesur Rahman and Habibur Rahman who were convicted by the learned Sessions Judge, A. L, D., Under Section 801, Part II, read with B. si, Penal Code, upon a trial held with the aid of a jury. Agreeing with the unanimous verdict of the jury, the learned Judge found the two accused guilty and sentenced the accused Mukleaur Rahman to rigorous imprisonment for five years, and Habibur Rahman to rigorous imprisonment for four years, Under Section 804, Part II, read with Section 34, Penal Code.

(2.) WE admitted the appeal to hearing is order to satisfy ourselves whether Section 84, Penal Code, was applicable in point of law to a case when the accused persons are convicted and sentenced Under Section 304, Part n read with Section 34 Penal Code.

(3.) THE question whether in point of law, Section 34, Penal Code, applies to a case when accused persons are charged with and found guilty Under Section 804, part II, Penal Code, came up before a Division Bench of the Calcutta High Court in Ibra Ahanda v. Emperor Lodge and Das JJ. differed, Ehundkar J., agreed with Lodge J., and referred to the case reported in Adam Ali v. Emperor in which the following observations were made: