NAZIMUDDIN Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from the conviction and sentence passed by the learned Additional Sessions Judge of Backerganj upon one Nazimuddin. The Judge, disagreeing with both the assessors as to the innocence of the accused, though he says he agrees with their findings of fact, has sentenced the appellant Nazimuddin to 2 years rigorous imprisonment under Section 147 of the Indian Penal Code.

(2.) The trial appears to us to be altogether vitiated by the fact that the assessors were not asked and apparently not allowed to give an independent opinion on the case.

(3.) We have pointed out to this learned Judge before, and we must do so again, that his method of cross-examining the assessors is entirely contrary to law, and results in grave miscarriage of justice. The law (Section 309 of the Code of Criminal Procedure) gives the Judge a discretion to sum up the evidence for the benefit of the assessors if he thinks necessary but it gives him no power to question them until they have delivered their opinions orally and he has recorded such opinions.