ONKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is by the accused against their conviction under Section 436, Indian Penal Code and the sentence of 6 months' rigorous imprisonment and a fine of Rs. 50 or, in default, rigorous imprisonment for 1 month, passed by Shri K. B. Patil, Sessions Judge, East Nimar, Khandwa, in Sessions Trial No. 11 of 1958, dated 29 -7 -1958, accepting the verdict of the jury, finding the appellants guilty of the said offence and holding them not guilty of an offence under Section 323, Indian Penal Code.

(2.) ALTHOUGH , the charge to the jury delivered by the learned Sessions Judge indicates that the trial Judge was of the view that there was no evidence against the appellants, so as to warrant a conviction, he, while delivering the judgment, accepted the verdict and refused to refer the case to this Court under Section 307, Criminal Procedure Code. As the learned judge accepted the verdict and refused to refer the matter to this Court, he will be deemed to have endorsed the verdict of the jury, although it is clear from his charge to the jury that at one time he may have felt that the verdict was such, as no reasonable body of men could have arrived at. Under such circumstances, the question arises as to what the appellate Court can do in such a matter.

(3.) THIS question also came up for consideration before a Division Bench of the Madras High Court in Queen Empress Vs. Chinna Tevan and another ILR 14 Mad 36. wherein the learned Judge made the following observations : -