High CourtsDivision Bench(1910) 03 MAD CK 0086

In Re: Suratti

Madras High Court · Decided on 14 March 1910 · Citation: 6 Ind. Cas. 14

HON’BLE JUDGES
Munro, J · Miller, J

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Judgment

3 paragraphs · 104 words
1.

The Sessions Judge has not explained to the Jury what is meant by the offence of robbery.

2.

It has been held in this Court in a case very similar to the present that u/s 297 of the Criminal Procedure Code, the Judge must explain to the Jury the law by which they are to be guided and that, if he fails to do so, the verdict must be set aside (Mari Velayan v. Emperor 30 MA. 44 : 5 M.L.T. 399 : 5 Cri. L.J. 78).

3.

Following that ruling we are constrained to set aside the conviction and direct a re-trial.