EMPEROR Vs. BALAI GHOSE

JUDGEMENT

(1.) This is a reference under Section 307, Criminal P.C. by the Additional Sessions Judge of Burdwan in connexion with a dacoity case which was tried by him in which the jury by a majority verdict of 4 : 1 were of opinion that the accused were entitled to the benefit of the doubt. The learned Additional Sessions Judge being of opinion that the verdict was erroneous and wholly against the weight of evidence has referred the case to this Court.

(2.) Under the provisions Section 307 of the Code we have to consider the entire evidence, and, to decide after giving duo weight to the opinion of the Sessions Judge and the jury, whether the charge was made out against the accused, and whether the verdict was right or not. It has not been the practice of this Court according to the trend of decisions on the subject to interfere with the verdict of a jury unless it is shown that the verdict was manifestly wrong and that there were no sufficient materials to justify it.

(3.) The evidence which was adduced in this case by the prosecution consisted of : (1) confessions made by each of the accused Balai Ghosh and Motleb Sheikh of their guilt, these confessions having been subsequently withdrawn in the committing Court; (2) the evidence of Satya Bala Dasi and her father Fakir Jelia, who have deposed as eyewitnesses to the dacoity, and have each of them identified one of the accused, Satya Bala having identified Motleb Sheikh and her father having identified the other accused Balai Ghosh; (3) thirdly in addition to this evidence there is as against the accused Balai Ghosh, the evidence that certain ornaments or pieces of ornaments, Bxs. 9 to 12, wore found on search in his house.