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PETITIONER: MOSEB KAKA CHOWDHRY alias MOSEB CHOWDHRY AND ANOTHER
Vs.
RESPONDENT: THE STATE OF WEST BENGAL.
DATE OF JUDGMENT: 18/04/1956
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. SINHA, BHUVNESHWAR P.
CITATION: 1956 AIR 536 1956 SCR 372
ACT: Jury trial-Verdict of Jury-When Sessions Judge to accept and to give reasons for accepting it-S. 307 Cr. P.C.- Examination under s. 342 Cr. P.C. perfunctory-Prejudice-New point,
HEADNOTE: A Sessions Judge, even if he disagrees with the verdict of the Jury, must normally give effect to that verdict unless he is clearly of opinion that no reasonable body of men could have given the verdict which the Jury did. Ramnugrah Singh v. King-Emperor, ([1946] L.R. 73 I.A. 174), relied on. A Sessions Judge need not record his reasons for accepting the verdict of the Jury. In a case where a Judge in his charge to the Jury, has clearly and definitely expressed himself for acquittal, it would be desirable though not imperative, that he should give his reasons why he changed his view and accepted the verdict of the Jury finding the accused guilty. Even where the examination of the accused under s. 342 Cr.P.C. is perfunctory the judgment cannot be set aside unless clear prej...