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Queen-empress Vs. Chinna Tevan and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1891)ILR14Mad36
AppellantQueen-empress
RespondentChinna Tevan and anr.
Excerpt:
criminal procedure code, sections 307, 418 - verdict of jury--perversity of verdict--procedure when sessions judge disagrees with verdict--appeal against conviction. - 1. this is another case of a conviction by a jury of persons accused of dacoity against the opinion and advice of the sessions judge although he declines to refer the case to the high court under section 307 of the code of criminal procedure; we have no power to interfere, however absurd or wrong we may think the verdict to have been. there has been no misdirection by the sessions judge, and there is evidence against the prisoners, if the jurymen chose to believe it. the sentence also is not too severe supposing the prisoners are guilty. the prisoners, of course, may bring their case to the notice of his excellency the governor in council, if they be so advised.2. our duty under the present state of the law is to dismiss the petition and confirm the conviction and sentence.
Judgment:

1. This is another case of a conviction by a jury of persons accused of dacoity against the opinion and advice of the Sessions Judge although he declines to refer the case to the High Court under Section 307 of the Code of Criminal Procedure; we have no power to interfere, however absurd or wrong we may think the verdict to have been. There has been no misdirection by the Sessions Judge, and there is evidence against the prisoners, if the jurymen chose to believe it. The sentence also is not too severe supposing the prisoners are guilty. The prisoners, of course, may bring their case to the notice of His Excellency the Governor in Council, if they be so advised.

2. Our duty under the present state of the law is to dismiss the petition and confirm the conviction and sentence.


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