ABDUL REZAAK Vs. EMPEROR

JUDGEMENT

(1.) The appellants who are fifteen in number were tried by the Additional Sessions Judge of Tippera with the aid of a jury. The jury unanimously found all the appellants guilty under Section 147, I.P.C., and one of them, viz., appellant 6, guilty also under Section 323, I.P.C. The learned Judge accepting the verdict of the jury convicted these appellants under Section 147, I.P.C. and sentenced each of them to undergo rigorous imprisonment for nine months. He also convicted appellant 6 under Section 323, I.P.C., and sentenced him to undergo rigorous imprisonment for six months, this sentence to run concurrently with that passed under Section 147, I.P.C.

(2.) The learned Judge in charging the jury at the close of the case did not sum up the evidence that was adduced in this, case. He observed that the evidence had been summarized against each accused at great length by both sides and he therefore left it to the jury to consider upon the lines which he had indicated what conclusion they should draw from that evidence. The reason why the learned Judge did not sum up the evidence is to be found in a note which he has embodied in his heads of charge. That note runs as follows: The charge I had originally prepared for delivery has been destroyed by me purposely. In it I had myself summarized by narrative and charts the evidence against each of the seventeen accused. Such a summary in fact it is in most cases incumbent on the Judge to put before the jury. In the present case, however, my own opinion on the question of the truth or falsehood of the prosecution case is so very strong that I found it impossible to place this evidence before the jury without indicating at every time my opinion in such a way as I know might fail to leave their decision as unfettered as the law contemplates it must be in a jury trial. I have, therefore, deliberately, in fairness to the side whose story I find unacceptable, omitted to comment on the actual evidence in detail. The jury have taken down from the arguments a complete summary of the evidence against each accused, and the fact that there is no necessity to do so again supports my conviction that under the circumstances it would be more discreet not to do so.

(3.) Now, the law with regard to this matter is quite clear and is to be found in. Section 297, Criminal P.C. That section says: In cases tried by jury, when the case for the defence and the prosecution's reply (if any) are concluded, the Court shall proceed to charge the jury, summing up the evidence for the prosecution and defence, and laying down the law by which the jury are to be guided.