EMPEROR Vs. JUKHAN

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge of Bareilly under Section 307, Criminal P.C.

(2.) Jukhan was committed to sessions on a charge under Section 394-75, I.P.C. The trial proceeded with the aid of five jurors. A verdict of "not guilty" was returned by a majority of 3 to 2. The learned Sessions Judge disagrees with the verdict of the majority and is clearly of opinion that it is necessary for the ends of justice to submit the case for the consideration of this Court. The Judge has stated his opinion on the evidence and given his reasons for differing from the majority of the jury. The reference to this Court fulfills the requirement of Section 307, Criminal P.C.

(3.) Ordinarily the verdict of the jury to whom the decision of the case was primarily entrusted by law is entitled to very great weight and their verdict is not liable to displacement upon the mere ground that upon a consideration of all the evidence, a Judge would have arrived at a conclusion different from that arrived at by the jury: Emperor V/s. Chirkua [1905] 2 A.L.J. 475. But where the verdict of the jury is perverse and patently erroneous and it is established that the verdict amounts to a gross miscarriage of justice, this Court is entitled to draw its conclusions from the evidence as to the guilt of the accused.