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In Re: Dyta Seetharamayya - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1926Mad354
AppellantIn Re: Dyta Seetharamayya
Excerpt:
- .....paid, will be refunded. i must here indicate my view, that, in cases wherever the chairman of the bench magistrates is opposed to the majority and where he is not prepared to write a judgment for the majority, one of the magistrates ought to be asked to write the judgment. otherwise the chairman, if he happens to differ from the majority would write only his view of the case, whether it be for conviction or acquittal; and the rest of the magistrates would not be in a position to place on paper their reasons for their opinion. in such cases the rule ought to be that, where the chairman is opposed to the majority of the bench, one of the majority ought to be asked to write the judgment and that should form part of the record so that the court in revision may know the reasons for the.....
Judgment:
ORDER

Devadoss, J.

1. This is an application to revise the order of the First Glass Bench Magistrate of Bapatla. Two of the Magistrates found the accused guilty under Section 352, Indian Penal Code, but the Chairman of the Bench wrote a dissenting judgment holding that the accused was not guilty. No reasons were given for finding the accused guilty and, therefore, there is no judgment as required by law, I think, the conviction ought to be set aside and seeing it is a petty ease, it is Hot worth while sending the ease back for a retrial. The fine, if paid, will be refunded. I must here indicate my view, that, in cases wherever the Chairman of the Bench Magistrates is opposed to the majority and where he is not prepared to write a judgment for the majority, one of the Magistrates ought to be asked to write the judgment. Otherwise the Chairman, if he happens to differ from the majority would write only his view of the case, whether it be for conviction or acquittal; and the rest of the Magistrates would not be in a position to place on paper their reasons for their opinion. In such cases the rule ought to be that, where the Chairman is opposed to the majority of the Bench, one of the majority ought to be asked to write the judgment and that should form part of the record so that the Court in revision may know the reasons for the opinion of the majority.


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