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PETITIONER: MAGGA AND ANOTHER
Vs.
RESPONDENT: THE STATE OF RAJASTHAN
DATE OF JUDGMENT: 16/02/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN
CITATION: 1953 AIR 174 1953 SCR 973 CITATOR INFO : R 1956 SC 4 (4) R 1976 SC2386 (7)
ACT: Criminal Procedure Code (V of 1898), ss. 284, 285, 539- Assessors-Trial with three assessors-Absence of one assessor during trial-Substitution of new person-Legality of trial-Re-appearance of absent assessor-Continuing trial with four assessors Validity of trial.
HEADNOTE: Section 285 of the Criminal Procedure Code permits a trial commenced with the aid of three assessors to be continued and completed with the aid of less than three if during the course of the trial any assessor is prevented by sufficient cause from attending. It does not, however, authorise the substitution of an assessor for an absent one nor an addition to the number of assessors during the course of the trial. A, B and C were summoned to sit as assessors for a murder trial and as C did not appear, D who was in the list of assessors and who was present in court though not summoned, was asked to sit as an assessor, and the trial commenced with three assessors A:, B and D. A absented himself during the course of, the trial and the judge asked E to sit in place of A and proceeded with the trial ...