The Criminal Law Journal of India 1922 Reports

tent point but even assuming for the sake of argument that the order for diens:real was given prior to the arrests of the moused and that the crowd refused to disperse in obedience to the command so given it is very doubtful if the mere refusal of the essembly to sorry mat the command Wald"tel. [...] Now one of the directions contained in the aforesaid nation is to-the effect that tte Court must resord the fasts constituting the offense and that the resord mast also chow the nature of the interruption or insult attributed to the accused. [...] In such a case tho Sessions Judge should ask the Jury the reasons for their verdict but his failure to do so does not debar the High Court from entertaining the reference The absence of the reasons of the Jury in such a case only enhances the rosponsibility of the High Court in the matter and requires it to go more carefully into the evdence. [...] The question for determination id whether the contention is substantial or that the difference in the description of the prominent marks on the body of Subans in the jail and on the body found at the place of the occurrence is of an immaterial Amster and consists only in the mode of deseribing the same marks of identity in a different way. [...] The second important point for determnation in the case is whether the ()sour renoe took pleas at about 6 P. N. on the 17th September 1920 as alleged by the prosecution or that it took place later in the night between 8 and 9 P. M. The learned Counsel on behalf of the defense contended that the latter was the time of the occurrence and in support of it he relied upon the entry in the Bret col