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Arindra Rajbanshi and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in38Ind.Cas.326
AppellantArindra Rajbanshi and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 367, 424, 439 - appeal--judgment of appellate court affirming conviction, form of. - .....however, is one that is subject to review by this court, and we do not think he has given us sufficient materials to enable us to come to a decision upon the points which arise in the case.3. therefore, the case must be sent back to him for the purpose of the appeal being re-heard and his giving further judgment on it.4. i do not suggest for a moment that he should repeat the evidence or the conclusions as regards the evidence at which the court of first instance has arrived; still, less that he should re-state in different words the judgment at which the court of first instance has arrived. but this is a else where there were no less than thirteen appellants, all of whom have been convicted under section 147, and section 342 which deals with wrongful confinement, and some of whom.....
Judgment:

Lancelot Sanderson, C.J.

1. In this case we are of opinion that the Rule should be made absolute and that the appeal should be re-heard; and we think it should be re-heard by the same learned Judge.

2. Speaking for myself, I should like to make it clear that I make no suggestion that the learned Judge has not heard this, appeal in a proper manner; on the contrary I am convinced that he gave the hearing of the appeal his full consideration; and I think, as far as I can see from his judgment, that he must have taken very considerable care with regard to the case made against each of the accused. His judgment, however, is one that is subject to review by this Court, and we do not think he has given us sufficient materials to enable us to come to a decision upon the points which arise in the case.

3. Therefore, the case must be sent back to him for the purpose of the appeal being re-heard and his giving further judgment on it.

4. I do not suggest for a moment that he should repeat the evidence or the conclusions as regards the evidence at which the Court of first instance has arrived; still, less that he should re-state in different words the judgment at which the Court of first instance has arrived. But this is a else where there were no less than thirteen appellants, all of whom have been convicted under Section 147, and Section 342 which deals with wrongful confinement, and some of whom have been convicted under Section 358 which is a Section dealing with assault on a public servant, and six of whom have been convicted under Section 458 which deals with house-breaking by night; and, we ought to have sufficient materials in the appellate judgment itself to enable us to form a conclusion as to the propriety of the conviction of each of the accused, having regard to the various offences with which he is charged; and we ought also to have sufficient materials in the appellate judgment itself to enable us to come to a conclusion as to the correctness of the sentence which has been passed upon each of the accused, having regard to the nature of the offence with which each of the accused is charged.

5. The Appellate Court's judgment is, therefore, set aside and the appeal is directed to be re-heard as soon as possible.

Walmsley, J.

6. I agree.


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