[1] We must decline to accept the reference, which seems to be premature. The Assistant Sessions Judge should have disposed of the charges which were triable with the aid of assessors. When he has done so, it will be open to him to consider whether the interests of justice require that he should make a reference under Section 307, Criminal Procedure Code, on the other charge. He had no jurisdiction to refer the whole case. See Emperor v. Kalidas Bhudar (1898) 8 Bom. L.R. 599 and Emperor v. Vyankat sing Sambhusing . The case reported in In re Mutyalu (1912) I.L.R. 37 M. 236 raises a different question.
[2] The record will be returned to the Assistant Sessions Judge for disposal in accordance with law.
In Re v.
In Re v.
(High Court Of Judicature At Madras)
Referred Case No. 12 Of 1931 | 21-01-1932
Advocate List
Bench
- HON'BLE MR. JUSTICE WALLER
- HON'BLE MR. JUSTICE KRISHNAN PANDALAI
Eq Citations
- (1932) 62 MLJ 571
- (1932) ILR 55 MAD 715
- AIR 1932 MAD 512
- LQ/MadHC/1932/19
Head Note
Criminal Procedure Code, 1898 — Ss. 307 and 308 — Reference to High Court under S. 307 — Premature reference — No jurisdiction to refer whole case — Reference to be made after disposal of charges triable with aid of assessors — Criminal Trial — Assessors (Para 1)
