Allahabad Court October 1937 Judgments

Bakshi Ram and ors. Vs. Emperor

Court: Allahabad

Reported in: AIR1938All102; 173Ind.Cas.663

Iqbal Ahmad, J.1. The decision of the question referred to this Bench depends on the interpretation of Section 408, Criminal P.C., and in particular on the answer to the question whether the trial of a case, in accordance with the provisions of the Code, extends to the time of the delivery of judgment or terminates at some stage before the Judge or the Magistrate proceeds to write or to deliver his judgment. The relevant portion of Section 408 of the Code is as follows:Any person convicted on a trial held by an Assistant Sessions Judge, a District Magistrate or other Magistrate of the First Glass...may appeal to the Court of Session.2. The provisos to that section are immaterial for the purposes of the present judgment. In order to appreciate the respective contentions of the parties relating to the true interpretation of the word 'trial' in this section, it is necessary to state the following facts : The appellants before us were committed to the Court of Session to stand their trial ...