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Doat Ali Alias Sheik Deoat Ali Sarkar and ors. Vs. King-emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1928Cal230
AppellantDoat Ali Alias Sheik Deoat Ali Sarkar and ors.
RespondentKing-emperor
Excerpt:
- .....were convicted by the trial court. an appeal was brought in each case by the convicted persons and they came before the learned additional sessions judge of dacca. his procedure was this : he tried the two appeals together as one case and made up his mind that there were two contradictory stories. having found which of the two stories was true and having found that the other was untrue, he allowed one of the appeals and dismissed the other. it seems reasonably plain that the duty of the learned judge was to keep each appeal absolutely separate and to deal with it on its merits confining himself to the evidence given in that case and in that alone. as one of these appeals has been allowed and the persons have been acquitted that matter is not before us; but as regards the parties.....
Judgment:

Rankin, C.J.

1. In this case it appears that there were two separate cases in each of which the accused were convicted by the trial Court. An appeal was brought in each case by the convicted persons and they came before the learned Additional Sessions Judge of Dacca. His procedure was this : He tried the two appeals together as one case and made up his mind that there were two contradictory stories. Having found which of the two stories was true and having found that the other was untrue, he allowed one of the appeals and dismissed the other. It seems reasonably plain that the duty of the learned Judge was to keep each appeal absolutely separate and to deal with it on its merits confining himself to the evidence given in that case and in that alone. As one of these appeals has been allowed and the persons have been acquitted that matter is not before us; but as regards the parties whose appeal has been dismissed this application is brought. In our opinion, the rule should be made absolute The appeal in this case must be heard again, and we direct that it be heard by a different learned Judge to be nominated by the Sessions Judge. The petitioners will remain on bail to the satisfaction of the District Magistrate pending the rehearing of the appeal.

Buckland, J.

2. I agree.


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