HAFEZ MOLLA Vs. EMPEROR

JUDGEMENT

(1.) In this case it appears that ten persons were put on their trial on charges under Sections 304, 326, 324 and 365, I.P.C., certain charges being against some and not against the others In the result, six were acquitted and the four appellants before us have been convicted under Section 326, I.P.C., and sentenced, three of them to seven years rigorous imprisonment each and one to three years rigorous imprisonment.

(2.) It appears that the foreman of the jury was subsequently convicted of having taken a bribe in connexion with this very trial and, in these circumstances, as that fact is not disputed and as he has been convicted formally of the offence, we have to consider whether it is possible to let the verdict against the four appellants stand. I am of opinion that it is quite impossible. There is no saying how to the corrupted mind of a juryman, who had taken a bribe, the receipt of money from certain accused might not be an influence, which tempted him to convict the other accused. Under the circumstances, the verdict cannot be sustained, and there must be an order that the conviction of and the sentences on the four appellants be set aside and that the appellants be retried. Ameer Ali, J.

(3.) I agree.