The Criminal Law Journal of India - A Fortnightly Legal Publication Containing Full Reports of all Reported Criminal Cases of the High Courts and Chief Courts &c. in India 1906 (Reports)

In the same trial the jury after retiring returned the ambiguous verdict Guilty of stabbing but without the intention of committing murder." The learned Judge presiding instead of questioning the jury under the provisions of section 303 of the Code of Criminal Prcedure read to them certain parts of sections 299 and 300 of the Indian Penal Code and scut them back to consider further with [...] The Chief Justice appointed another Judge to preside over the re-trial and on the accused appearing before the latter Judge and a fresh jury objection was taken that the former Judge erred in not ascetaining the verdict of the jury that his discharge of the jury was an iproper discharge that the former Judge and jury had seisin of the case that the Court which had seisin being no longer [...] setion 299 of the Code of Criminal Procedure enacts— It is the duty of the jury (a) to docile which view of the :facts is true and then to return the verdict which under such view ought according to the direction of the Judge to be returned." The learned Judge directed the jury that if they found that the prisoner stabbed the deceased person and if the stab was the cause of th latter's dea [...] They say :— " The point of law involved is whethex where the Judge who tries a case reserves for the opinion of the Court the question whether evidence was improperly admitted and the Court comes to the conclusion that it was not legally admissible the Court can nevertheless affirm the judgment if it is of opinion that there was sufficient evidence to support the conviction indpendently of [...] The judgment says :— " Upon the assumption that the trial was illegally conducted it is idle to suggest that there is enough left upon the indictment upon which a conviction might have been supported if the accused had been properly tried." Amongst the objections to the course the judgment states :— " It wool in the first place leave to the Court the functions of the jury.""10 THE CRIMINAL LAW J