Satri Dulali and others vs Empress

In many respects we are satisfied that the Magistrate exercised a wise discretion in visiting the spot on which the alleged offences are said to have been committed and in noting various features thereon of importance to a proper decision of the case, both parties being present on the occasion. But in some respects we find that the Magistrate has exceeded the proper limits of his discretion in holding this investigation, for, he has imported into his judgment what he could not possibly have noted from the locality or from anything connected therewith; for instance, he states, that he satisfied himself that there were a number of nagdis including the accused 2, 3 and 4, located near Dhraba Giri house at the time of the alleged occurrence. This is not a matter which he could properly have ascertained from a local investigation at the spot. We are compelled, therefore, to set aside the conviction and sentence, and we direct that a retrial be held. In the further proceedings to be held, it will no doubt be necessary that the Magistrate should be examined as a witness to indicate what he himself saw on the spot tending either to bear out the story told by the prosecution or to contradict it.