T BRADSHAW Vs. EMPEROR

JUDGEMENT

(1.) In this case one Bradshaw, a European British subject, was committed to the Court of Session of Lucknow for trial for offences under Sections 474 and 417, Indian Penal Code. He was convicted on both counts and sentenced to an aggregate term of one year s rigorous imprisonment. He appeals to this Court and one of the points taken is that there was no selection of jurors by lot as required by Section 276 of the Code of Criminal Procedure and that, therefore, the proceedings resulting in his conviction are illegal.

(2.) He, as it appears from the record of the case, claimed to be tried as an European British subject and with a jury composed of Europeans or Americans (See B. 7). The last date fixed for the trial by the Court of Session was the 7th of October 1910 and the record of the case shows that for that date, 10 European jurors were summoned to attend and the remarks of the learned Sessions Judge in his order dated the 7th of October 1910, are to the same effect. He towards the end of that order says: "I further note that including the two above gentlemen only three European jurors have up to this moment (10-35 A.M.) appeared out of 10 summoned to be present at 10 A.M."

(3.) According to Notification No. 1693/VI-545A-10 in trials by jury before the Courts of Session in the North Western Provinces and Oudh, the jury shall consist of fire persons.