SARODA CHARAN MISTRI Vs. KING-EMPEROR

JUDGEMENT

(1.) It is difficult to comprehend the exact import of the order which the learned Sessions Judge has passed in this case. His summing up was perfectly fair one, and as far as one can say from a perusal of the heads of charge recorded by him, he seems to have summed up for an acquittal of the two appellants.

(2.) The jury brought in a unanimous verdict of guilty under Section 302, Indian Penal Code in respect of Madhumala and under Section 328, Indian Penal Code in respect of Saroda Charan Mistri.

(3.) The learned Judge states in his order that had he been trying the ease alone he should have been inclined to give the appellants the benefit of the doubt on the question as to whether the appellants knew that the drug they administered was poison but as the jury seemed to have unhesitatingly rejected the case for the defence on this point, he thought that he was not justified in pressing "the slight doubts" that remained in his mind, to the extent of referring the case to this Court under Section 307, Criminal Procedure Code. This observation of the learned Judge may be taken to indicate that his disagreement with the jury was not such a complete dissent as to lead him to consider it necessary for the ends of justice to submit the case to this Court under the provisions of the said section. To this extent, perhaps, and if there was nothing else, his refusal to refer the case may be justified.