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Emperor Vs. Keramat Sirdar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1911)ILR38Cal446
AppellantEmperor
RespondentKeramat Sirdar
Cases ReferredEmpress v. Pahuji
Excerpt:
confession - joint trial--plea of guilty by co-accused--acceptance of plea by the court and removal of co-accused from the dock--trial of remaining prisoner alone--admissibility of confession of co-accused against prisoner on trial--evidence act (i of 1872) section 30. - .....placed before me in the dock, all charged with dacoity. four of them pleaded guilty, while the fifth pleaded not guilty. i recorded the former plea and indicated my acceptance of it by directing that, in accordance with my usual practice, the accused be brought up for sentence at the end of the sessions. the fifth is now on his trial alone, and the question has been raised whether certain statements made by the others can now be proved and taken into consideration against him under section 30 of the evidence act. taking the same view as was taken in queen-empress v. pahuji (1894) i.l.r. 19 bom. 195, i am of opinion that this cannot be allowed.2. at the close of the trial of keramat, who was found guilty by the jury, his lordship directed the other prisoners to be brought up, and.....
Judgment:

Carnduff, J.

1. In this case five persons were placed before me in the dock, all charged with dacoity. Four of them pleaded guilty, while the fifth pleaded not guilty. I recorded the former plea and indicated my acceptance of it by directing that, in accordance with my usual practice, the accused be brought up for sentence at the end of the Sessions. The fifth is now on his trial alone, and the question has been raised whether certain statements made by the others can now be proved and taken into consideration against him under Section 30 of the Evidence Act. Taking the same view as was taken in Queen-Empress v. Pahuji (1894) I.L.R. 19 Bom. 195, I am of opinion that this cannot be allowed.

2. At the close of the trial of Keramat, who was found guilty by the Jury, his Lordship directed the other prisoners to be brought up, and sentenced all the five accused to various terms of rigorous imprisonment.


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