Judgment

BHAGWATI, J.: The accused was charged that he on or about 25-7-1951 that village Bhiharihar committed murder of Behra and committed an offence punishable under S. 302, Penal Code and that on the same day and the same place he committed robbery of the property of Behra and as such voluntarily caused hurt to the same Behra and committed an offence punishable under S. 394, Penal Code. The learned Sessions Judge tried the accuused with the aid of assessors for the offence under S. 302 and with the aid of jury of offence under S. 394. The jury returned a unanimous verdict of guilty in regard to the offence under S. 394 but the assessors by a majority opined that the accused was guilty of an offence under S. 323 and not under S. 302 with which he had been charged.

The learned Judge accepted the verdict of the jury and also agreed with the majority opinion of the assessors and convicted the accused of the offences under S. 394 and S. 323 but acquitted him of the offence under S. 302. The accused appealed against this conviction of his by the learned Sessions Judge and the Government appealed against his acquittal under S. 302. The High Court confirmed the conviction of the accused