THIAGARAJA BHAGAVATHAR Vs. EMPEROR

JUDGEMENT

(1.) These are consolidated appeals by special leave from a judgment of the High Court at Madras in its appellate criminal jurisdiction dated 29-10-1945, which affirmed a judgment of the same Court in its original criminal jurisdiction dated 3-5-1945.

(2.) The appellants were tried by the said High Court, with certain other persons, for conspiracy under S. 120B, Indian Penal Code, and abetment to commit murder under S. 302, read with S. 109, and were convicted on both charges, and sentenced to transportation for life. They appealed to the High Court and by an Order dated 12 7-1945, the Appellate Court allowed them to appeal on matters of fact as well as of law under S. 411A (1) (b), Criminal PC.

(3.) The appeal raises an important question as to the scope of the powers of the Court under S. 411A of the said Code which was introduced into the Code by Act 26 [XXVI] of 1943. In order to appreciate the effect of the new section, it is desirable to notice the provisions of the Code relating to trials by jury in the High Courts, and to appeals from the verdicts of juries in Sessions trials held in the Moffussil.