Privy Council Court February 1946 Judgments

Abdul Rahim Vs. Emperor

Court: Privy Council

Lord Macmillan: The appellant on 12th May 1944 was convicted on a charge of murder and sentenced to death after a trial before the Sessions Judge of Ambala sitting with a jury of seven. The jury returned a verdict of guilty by a majority of four to three. There were other minor charges against the appellant on which he was also convicted, but it is unnecessary to refer to these. Sentence of death having been passed on the appellant the "proceedings," as required by, S. 374, Criminal PC, were submitted for confirmation to the High Court of Judicature at Lahore. The appellant also appealed to the High Court against his conviction. The case came before a Divisional Bench of the High Court consisting of the Chief Justice Sir Arthur Trevor Harries and Teja Singh J. After reviewing the evidence and the summing up of the Sessions Judge to the jury they came to the conclusion that certain material evidence had been improperly admitted at the trial and that the Judge had seriously misdirected ...