AIR 1935 ALLAHABAD 458(2)

Allahabad High Court

Hon'ble Judge(s): Kendall , J

Criminal P.C. (5 of 1898) , S.237(1)— Accused and other persons charged with offence under S. 395, I. P. C. - Accused proved to have committed offence under S. 458 but other persons not found to have accompanied him - Conviction under S. 458 held was not illegal . Penal Code (45 of 1860) , S.395, S.458— The appellant and certain other persons were charged with an offence under S. 395, I. P. C., and although it appeared in evidence that the acts of the appellant amounted to lurking house trespass by night after making preparations for assault, and causing grievous hurt in the course of that trespass, yet it did not appear @page-All459 that he was accompanied by the other persons who were put on their trial with him and accused was convicted under Ss. 458 and 459. Held : that the offence of which he was found to be guilty did not differ in nature from the offence with which he had been charged, and it was therefore not necessary for the Court to alter the charge, as the provisions of S. 237, Sub-S. (1), Criminal P. C., clearly cover the case.(Para 459C2) .....