http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: KAPIL DEO SHUKLA
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 14/10/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. MENON, P. GOVINDA KAPUR, J.L.
CITATION: 1958 AIR 121 1958 SCR 640
ACT: Jury trial-Evidence in English-jurors not knowing English well-Whether trial void-Prejudice-Memorandum of appeal- Practice of not setting out specific grounds, if Proper-Code of Criminal Procedure (V of 1898), ss. 418 and 419.
HEADNOTE: The appellant was tried by a Sessions judge and a jury for offenses under ss. 477-A and 408, Indian Penal Code. A large volume of documentary evidence was in English and the statement of one of the principal witnesses was given in English. The main question for decision was the authorship of the forged documents. It was found that the jurors were not well versed in English and were not in a position to decide the main question. The jury returned a unanimous verdict of not guilty and accepting the verdict the Sessions judge acquitted the appellant. The State appealed to the High Court. In the memorandum of appeal only one ground was taken, "that the order of acquittal is against the weight of evidence on the record and contrary to law." The High Court accepted the appea...