EMPEROR Vs. TUKA NANA RAMOSHI

JUDGEMENT

(1.) The assused No. 2 in this case has been convicted of robbery under Section 392, Indian Penal Code, and sentenced to suffer rigorous imprisonment for eighteen months by the trial Magistrate, though he is a member of a criminal tribe, and though he was once previously convicted in April 1903 and sentenced to six years rigorous imprisonment under Section 395 by the Sessions Court of Satara.

(2.) The District Magistrate has made a reference to this Court recommending that the conviction and sentence be set aside and that the accused No. 2 be committed to the Court of Session for trial, in view of the provisions of Section 23 of the Criminal Tribes Act (III of 1911).

(3.) We have to consider tirst whether Section 23(1), Clause (a) applies to this cafe, and, secondly, if it applies, whether, under the circumstances, it is necessary to give effect to the District Magistrate s recommendation.