JANGIR SINGH Vs. THE STATE

JUDGEMENT

(1.) JANGIR Singh, appellant, was charged under section 302 I.P.C, and was tried by the Additional Sessions Judge, Bhatinda, at Faridkot with the aid of assessors. He was, however, convicted under section 304 (1) I.P.C. and as sentenced to ten years' R.L. Both the convict and the State have presented separate appeals, against the judgment of the trial Judge, the former for getting his conviction and sentence set aside and the latter for securing conviction of the accused under section 302, I.P.C.

(2.) S . Ujagar Singh, the learned counsel for the accused, has raised certain preliminary objections to the legality of the judgment & has stressed that the trial was vitiated for the following reasons:

(3.) ON the second point the objection is twofold; (1) that the judgment ought to have been pronounced on 15th of May 1951 when the opinion of the assessors was recorded; and 2 that it should, in any case, have been pronounced in the presence of the assessors. Section 309, Cr. P.C, on which reliance is placed reads as follows: