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Dasarath Rai vs Emperor on 25 May, 1909

In Mangnlu Aorodhone Hathi v. Emperor (2) it was held by a Bench of this Court, following Dasarath Mandal v. Emperor (4), that when persons were convicted of rioting and acquitted on appeal but were convicted by the Appellate Court of house trespass and hurt (Sections 448, 323, Indian Penal Code), the convictions were illegal on the ground that the accused could not be convicted of offences with which they were never charged, It is no doubt true that although hurt is generally caused in rioting, it does not necessarily follow that hurt is so caused. In this case, however, the charge, although it was carelessly drawn up, distinctly sets out that 1st accused aimed a blow with his axe at P. W. No. 2.
Calcutta High Court Cites 11 - Cited by 8 - Full Document
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