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Abdul Majid Khan Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Reported inAIR1929All364
AppellantAbdul Majid Khan
RespondentEmperor
Excerpt:
- - the powers that the court of revision has under the code of criminal procedure, are confined in cases like these to the powers of an appellate court, and under clause 2, section 423, criminal p......set aside the verdict of the jury, as the charge to the jury by the learned assistant sessions judge was erroneous by reason of misdirection by the judge. the powers that the court of revision has under the code of criminal procedure, are confined in cases like these to the powers of an appellate court, and under clause 2, section 423, criminal p.c, the court cannot alter or reverse the verdict of a jury, until it is of opinion that such verdict is erroneous, owing to a misdirection by the judge or to a misunderstanding on the part of the jury of the law as laid down by him.2. mr. malik has taken us through the charge to the jury, and we are unable to accept his contention that the charge was not a fair charge and that the judge had misdirected the jury. mr. malik asks us to reduce.....
Judgment:

1. This is an application in revision, and one of the grounds taken by the learned Counsel for the petitioner is that we should set aside the verdict of the jury, as the charge to the jury by the learned Assistant Sessions Judge was erroneous by reason of misdirection by the Judge. The powers that the Court of revision has under the Code of Criminal Procedure, are confined in cases like these to the powers of an appellate Court, and under Clause 2, Section 423, Criminal P.C, the Court cannot alter or reverse the verdict of a jury, until it is of opinion that such verdict is erroneous, owing to a misdirection by the Judge or to a misunderstanding on the part of the jury of the law as laid down by him.

2. Mr. Malik has taken us through the charge to the jury, and we are unable to accept his contention that the charge was not a fair charge and that the Judge had misdirected the jury. Mr. Malik asks us to reduce the sentence, but we are unable to accede to his request.

3. The application is rejected.


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