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Judgment
5 paragraphs · 121 words
1.
In this case the judgment was written and delivered some days after the prisoners were convicted and sentenced. This is a violation of the
provisions of Sections 366 and 367 of the Code of Criminal Procedure. In our opinion it is more than an irregularity. It is a defect which vitiates the
convictions and sentences. As to this we take the same view as that adopted by the Allahabad High Court in the case of Queen-Empress v.
Hargobind Singh I.L.R.14 All 242. In all the circumstances we think the proper course is to set aside the convictions and sentences and to direct
that the accused be retried. The retrial will be held at the November Sessions of the Vizagapatam Court.