EMPEROR Vs. YESHWANT TUKARAM SALUNKE

JUDGEMENT

(1.) THIS appeal comes before us under and by virtue of Section 411a of the Criminal Procedure Code. THIS is a new section introduced in the year 1943 and gives any person convicted at a criminal trial held at the Sessions of a High Court in exercise of its original criminal jurisdiction, the right to appeal to an appellate Court in the circumstances and upon the grounds set out in the section. Formerly there was no such right.

(2.) ON October J7, 1944, at about 10-30 p. m. in the evening one Kakhma Bala was fatally stabbed in the Parel Road of this City, and arising from such occurrence the two appellants having been duly arraigned and claiming to be tried were tried before Mr. Justice Macklin and a special jury at the First Criminal Sessions of 1946. In the result the jury by a majority of 6 to 3 returned a verdict of guilty against each of the accused and the learned Judge sentenced them to death.

(3.) HOW this form of charge came into being we have been unable to discover, but it appears to be the common form in this city, though not in the Sessions Courts of the mofussil. During the course of the argument before us the case of Government of Bombay v. Fernandez (1945) 47 Bom. L. R. 363 was referred to, and as the facts were very similar to those in the case before us, we sent for the record. The charge was in similar terms, and the learned trial Judge took a single verdict in the ease of such of the accused upon it. Nevertheless as appears from the report of the case it is clear that the full bench, before whom the case went in appeal, considered that the charge charged the accused with two offences, since at p, 364 Mr. Justice Divatia said: The charge against the accused was that on August 26,1948, they committed the murder of one Mahadeo Khotu and aided and abetted each other in the commission of the said offence.