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In Re: Suruttai

Type Court Judgment Court Chennai Decided Mar 14, 1910
~1 min read
https://sooperkanoon.com/case/815950

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Coda (Act V of 1898), Section 297 - Failure to explain law to the jury--Conviction bad. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Suruttai

Legal References

Cases Referred
Mari Valayan v. Emperor
Reported In
7Ind.Cas.401

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.

Full 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.

Continue Your Research

Same Parties In Re: Suruttai vs Same Subject Criminal Same Judge Miller and ;Munro, JJ.
Criminal criminal procedure Offence of set aside Has been To do so E la

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