Mysore Law Reports Volume 18; Containing Cases Determined by the Chief Court of Mysore, the Court of the Judicial Commissioner of Coorg, the Court of the British Resident in Mysore

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. 1897 Excerpt: ...to prosecution first witness. The conviction properly ought to have been under s. 379, Indian Penal Code, for simple theft, as a railway carriage does not come within the definition of a building used as a human dwelling within the meali-es o ing of s. 380. We alter the conviction accordingly. The sentence is not too severe. We dismiss this appeal. Conviction altered. Appeal dismissed. 1895 Ranga V. GOVERX. mENT. Before Raja DhamM Pravina T. R. A. Thumboo Clwtty, Chief Judge and A. Ramachmdva Iyer, Judge. KARIA (accused) V. THE GOVERNMENT Indian Penal Code (Act XLV of 1 8tiff) 8s.,"U i cud.7.7.3--Intention to kill--Knowledge that act would cud in death. Whore a man, seeing his wife and the licensed committing adultery in a field, run towards the place and (hiding a stone on the way flung it at and killed the deceased. Held that an intention to kill could not be inferred nor did the circumstances shew that the accused knew his act would end in death. The conviction was therefore altered to one under s. 323 of the Indian Penal Code and the sentence reduced to two months' rigorous imprisonment. The Judgment of the Chief Court(Thumboo Chetty, C.J. and Ramachendra Iter..7.) was as follows: --The prisoner's statement shows that when he saw his wife and the deceased committing adultery in a Criminal Appeal No. 97 of 1894-95. against the conviction and sentence by the Sessions Judge of Nagar, under P. 304 of the Indian Penal '.'ode in Bhimoga Sessions Caso No. 6 oi 1804-90. March 8. field, he ran towards the place and happening to find a stone on the way he flung it at the deceased. We cannot infer an intention to kill, and considerinff that it was a stone used only once and that no subsequent violence was used, we are not prepared to hold that the prisoner kn...