Kolkata Court September 1918 Judgments

Mohini Mohan Ghose Vs. Emperor

Court: Kolkata

Reported in: (1919)ILR46Cal635,54Ind.Cas.56

Fletcher, J.1. This appeal is preferred by the accused against the conviction and sentence passed on him by the learned Additional Sessions Judge of Howrah. The accused was tried before the learned Sessions Judge and a jury. The jury by their verdict unanimously found the accused guilty. The learned Sessions Judge, agreeing with the unanimous verdict of the jury, has sentenced him to undergo seven years' rigorous imprisonment. In a trial by jury, of course, the questions that can be gone into in the Appellate Court lie within an extremely narrow compass. It would never do to have the Appellate Court interfere with the verdict of the jury where they are unanimous, because the value of a trial by jury is that it should be a trial by fellow countrymen, and it has never been the rule to interfere with a trial by jury provided that there is no misdirection by the learned Judge to the jury. In this case the conviction clearly rests upon circumstantial evidence. In many cases circumstantial e...