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PETITIONER: SMT. NAGINDRA BALA MITRAAND ANOTHER
Vs.
RESPONDENT: SUNIL CHANDRA ROY AND ANOTHER
DATE OF JUDGMENT: 12/02/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. SARKAR, A.K. HIDAYATULLAH, M.
CITATION: 1960 AIR 706 1960 SCR (3) 1 CITATOR INFO : R 1962 SC 605 (16)
ACT: Trial by jury-Charge to the Jury-Duty of Judge-Misdirection- Verdict of the jury, when could be interfered with-Code of Criminal Procedure, 1898 (Act V of 1898). ss. 162, 297, 323, 325.
HEADNOTE: In a trial by jury, the judge should in his charge to the jury be careful to lead them to a correct appreciation of the evidence so that the essential issues in the case may be correctly determined by them after understanding the true import of the evidence on the rival sides. Since a verdict of the jury depends upon the charge, if it fails to perform this basic purpose it cannot be regarded as a proper charge and if it contains also misdirections as to law, the verdict cannot be upheld; but if, upon the general view taken, the case has been fairly left within the jury’s province, the verdict cannot be set aside unless something gross amounting to a complete misdescription of the whole bearing of the evidence has occurred. Mushtak Hussein v. The State of Bombay, [1953] S.C.R. 809, Ramkrishan Mithanlal Sharma v. The State of Bombay, [1955] 1 S.C.R. 903 and-Arnold v. Kin...