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In Re: Suruttai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.401
AppellantIn Re: Suruttai
Cases ReferredMari Valayan v. Emperor
Excerpt:
criminal procedure coda (act v of 1898), section 297 - failure to explain law to the jury--conviction bad. - 1. the sessions judge has not explained to the jury what is meant by the offence of robbery.2. it has been held in this court, in a case very similar to the present, that under section 297, criminal procedure code, the judge must explain to the jury the law by which they are to be guided, and that, if he fails to do so, the verdict must be set aside. mari valayan v. emperor 30 m. 41 : 1 m.l.t. 399 : 5 cri. l.j. 78.3. following that ruling, we are constrained to set aside the conviction and direct a retrial.
Judgment:

1. The Sessions Judge has not explained to the jury what is meant by the offence of robbery.

2. It has been held in this Court, in a case very similar to the present, that under Section 297, Criminal Procedure Code, the Judge must explain to the jury the law by which they are to be guided, and that, if he fails to do so, the verdict must be set aside. Mari Valayan v. Emperor 30 M. 41 : 1 M.L.T. 399 : 5 Cri. L.J. 78.

3. Following that ruling, we are constrained to set aside the conviction and direct a retrial.


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