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Emperor Vs. Somabhai Nathabhai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 11 of 1907
Judge
Reported in(1907)9BOMLR1346
AppellantEmperor
RespondentSomabhai Nathabhai
Excerpt:
trial-magistrate-admission by accused of some facts alleged by prosecution-plea of not guilty-trial to proceed according to law.;in trying a case under section 143 of the indian penal code, the magistrate declined to take any evidence remarking: 'the accused all admit facts that make them out to be members of an unlawful assembly' and convicted them of the offence:;reversing the conviction and sentence, that an accused person may admit some or even all of the facts alleged by the prosecution, bat if he pleads not guilty, the court trying him is bound to proceed according to law by examining the witness and giving an opportunity to the accused to cross-examine the witnesses for the prosecution and adduce his own evidence. - .....the witnesses for the prosecution and adduce his own evidence. in the present case the accused not only denied the charge in the complaint but appears to have admitted only some of the allegations of the prosecution. that is what we gather from the learned magistrate's judgment, they have had no trial at all but have been convicted without being heard according to law. we reverse the convictions and sentences and direct the magistrate to hold a trial according to law.
Judgment:

1. The learned Magistrate, First Class, has erred in law in deciding the case without taking evidence. He says 'there is no reason to take evidence because the facts are admitted' that make the accused out to have been members of an unlawful assembly. An accused person may admit some or even all of the facts alleged by the prosecution, but if he pleads not guilty, the Court trying him is bound to proceed according to law by examining the witnesses and giving an opportunity to the accused to cross-examine the witnesses for the prosecution and adduce his own evidence. In the present case the accused not only denied the charge in the complaint but appears to have admitted only some of the allegations of the prosecution. That is what we gather from the learned Magistrate's judgment, They have had no trial at all but have been convicted without being heard according to law. We reverse the convictions and sentences and direct the Magistrate to hold a trial according to law.


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