The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday July 1 1935

The subject cocerned is the burden of proof in trials for murder and the particular form in which the point arose was whether when the prosection has proved that the killing was by the hands of the accused and the latter’s defence is accident the onus lies on him to prove that defence. [...] If at the end of and on the whole of the case there is a reasonable doubt created by the evidence by either the prosecution or the prisoner whether the prisoner killed the deceased with a malicious intention the prosecution has not made out a case and the prisoner is entitled to an aquittal." In respect of minor offences such as crimnal misappropriation it has long been estalish [...] where just at the conclusion of the addresses the Court has to rise so that the Judge gets the interval of a night to prepare his record of the charge. [...] In other cases if the Judge prepares the charge beforehand he will have to prepare it before he has heard the whole of the evidence or the addresses of the lawyers and therefore at the time he delvers the charge he will have to make addtions and alterations in the light of futher materials or fresh points of view placed before him. [...] In order to get over the rule of twelve years' limitation the Respondent alleged that he was prevented from executing the decree by reason of the fraud of the judgment-debtor and the fraud alleged was this : that the judgment-debtor executed a sale deed of some of his properties in 1918; that sale was challenged as nominal and as intended to defraud the creditors; a suit was brought for a declara