HARE KRISHNA ALIAS HARI MISRA Vs. EMPEROR

JUDGEMENT

(1.) The appellant before us Hare Krishna alias Hari Misra was tried along with three other persons before the learned Sessions Judge of Cuttack with the aid of Assessors for having committed certain offences under Sections 348 and 330, Indian Penal Code. The Assessors came to the conclusion that none of the accused was guilty. The learned Judge, agreeing with the Assessors with regard to three of the accused, acquitted them but disagreeing with the Assessors with regard to the appellant before us convicted him and sentenced him to undergo 18 months rigorous imprisonment. This is the interpretation placed by the learned Judge on the opinion of the Assessors. It may, however, be said that in the opinion of one of the Assessors, as would appear from the record, all four accused were guilty of wrongful confinement. The appellant before us is a young man aged about 20 years who is said to be a student apparently studying Sanskrit with a view ultimately to becoming a pandit.

(2.) The case is really an extraordinary one on the evidence, because the learned Judge has disbelieved all the witnesses in the case. In fact he described them as liars of varying degrees. But he has selected without any corroboration at all certain passages from the evidence which he believed to be the correct story; and on his own estimate as to whether that story is true or not he has convicted the appellant before us.

(3.) Now, in a case like this it is obvious that opinions of Assessors are entitled to considerable weight. They are gentlemen of the neighbourhood, knowing the language and habits of the people. Their opinion was that a portion of the case was not proved as against any of the accused. As regards the remainder of the case it may be that they differed in their opinions.