ABDUL RAHIM Vs. KING-EMPEROR

JUDGEMENT

(1.) THE appellant on May 12, 1944, was convicted on a charge of murder and sentenced to death after a trial before the Sessions Judge of Ambala sitting with a jury of seven. THE jury returned a verdict of guilty by a majority of four to three. THEre were other minor charges against the appellant on which he was also convicted, but it is unnecessary to refer to these. Sentence of death having been passed on the appellant, the "proceedings," as required by Section 374 of the Code of Criminal Procedure, were submitted for confirmation to the High Court of Judicature at Lahore. THE appellant also appealed to the High Court against his conviction.

(2.) THE case came before a divisional bench of the High Court consisting of the Chief Justice Sir Arthur Trevor Harries and Mr. Justice Teja Singh. After reviewing the evidence and the summing up of the Sessions Judge to the jury they came to the conclusion that certain material evidence had been improperly admitted at the trial and that the Judge had seriously misdirected the jury. THE Court had then to consider what were its powers in this situation and what course it should adopt. Counsel for the appellant maintained that on both grounds the verdict of the jury should be set aside and a new trial ordered. Counsel for the Crown maintained that notwithstanding the defects in the proceedings the Court was entitled to examine for itself the whole proceedings including the evidence and should not set aside the verdict of the jury and order a new trial unless it was satisfied on a consideration of the whole case that the verdict was wrong and that there had been a failure of justice.

(3.) THE case was remitted with these answers to the divisional bench which on January 8, 1945, dismissed the appellant's appeal and confirmed the sentence of death passed upon him.