High CourtsDivision Bench(1910) 03 MAD CK 0077

In Re: Suruttai

Madras High Court · Decided on 14 March 1910 · Citation: 7 Ind. Cas. 401

HON’BLE JUDGES
Munro, J · Miller, J

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Judgment

3 paragraphs · 102 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, 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 Valayan v. Emperor 30 M. 41 : 1 M.L.T. 399 : 5 Cri. L.J. 78.

3.

Following that ruling, we are constrained to set aside the conviction and direct a retrial.