Dina Nath Talukdar vs Jogendra Narain Majumdar

The Magistrate admits that, in this summary trial, he has omitted to record the reasons for which he convicted the accused. The law requires that such reasons shall be recorded and, indeed, the proceedings in a summary trial are necessarily so brief that without such an expression of opinion on the part of the Magistrate who convicts an accused, it would be quite impossible to learn whether justice has been done. The omission of the Magistrate in this instance is fatal to the case, for the evidence recorded in the summary trial is not such as would enable us to deal with the case on the merits. The conviction and sentence must, therefore, be set aside, and the fine, if paid, must be refunded. We leave it open to the parties, if so advised, to move the Magistrate for a fresh trial.