High CourtsDivision Bench

Bandanu Atchayya and Others vs Emperor

Madras High Court · Decided on 15 September 1903 · Citation: (1903) 09 MAD CK 0016

HON’BLE JUDGES
Arnold White, C.J · Subrahmania Ayyar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 367
CASE NUMBER
Referred Trial No. 36 of 1903
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 121 words
1.

In this case the judgment was written and delivered some days after the prisoners were convicted and sentenced. This is a violation of the

provisions of Sections 366 and 367 of the Code of Criminal Procedure. In our opinion it is more than an irregularity. It is a defect which vitiates the

convictions and sentences. As to this we take the same view as that adopted by the Allahabad High Court in the case of Queen-Empress v.

Hargobind Singh I.L.R.14 All 242. In all the circumstances we think the proper course is to set aside the convictions and sentences and to direct

that the accused be retried. The retrial will be held at the November Sessions of the Vizagapatam Court.