THIAGARAJA BHAGAVATHAR vs KING-EMPEROR

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1947 Supreme(SC) 23

PRIVY COUNCIL [ON APPEAL FROM THEEAST INDIES]
LORD THANKERTON, LORD UTHWATT, LORD DU PARCQ AND SIR JOHN BEAUMONT.
THIAGARAJA BHAGAVATHAR - Appellant
Versus
KING-EMPEROR - Respondents
On Appeal from the High Court at Madras.
Decided On : Mar. 27, 1947.

Important Points

Under Section 411A of the Code of Criminal Procedure, once leave to appeal on facts from a jury verdict is granted, the appellate court can reverse the verdict if it finds it wrong, and is not limited to interfering only when the verdict is perverse or unreasonable.

Subject

Criminal Law - Appellate Procedure

Act Referred

CRIMINAL PROCEDURE CODE: S.411(a)

Headnote

(A) Code of Criminal Procedure - Section 411A - Appeal from sentence of High Court - Scope of powers of appellate court on matters of fact - When an appeal against conviction on a matter of fact is entertained under Section 411A, the appellate court is not limited to interfering only if the jury's verdict is perverse or unreasonable. Once leave to appeal on facts is granted, the matter is at large, and the court must dispose of the appeal on its merits. While the court should give proper weight to the views of the jury implicit in their verdict as to the credibility of witnesses, the presumption of innocence, and the slowness of an appellate court in disturbing findings of fact, if the court concludes the verdict was wrong, it is bound to allow the appeal. (Paras 91-92)

(B) Comparison with English Law - It is cautioned against construing Indian statutes by reference to English Acts, especially regarding trial by jury, as the legislative attitudes in the two countries differ. The omission of limitations in Section 411A, which are present in the English Criminal Appeal Act, indicates that the Indian legislature did not intend to fetter the appellate court's power in the same manner. (Para 92)

(C) Discretion to grant leave - The safeguard against undermining the jury system lies in the judicial discretion of the judge in granting or withholding leave to appeal on facts. This discretion must be exercised judicially, considering the impact on the trial by jury system. (Para 91)

Facts of the case:
Appellants were convicted by a High Court jury for conspiracy and abetment to commit murder. They were granted leave to appeal on matters of fact under Section 411A of the Code of Criminal Procedure. The appellate court dismissed the appeal on the ground that the jury's verdict was not unreasonable or perverse, applying principles derived from English law.

Findings of Court:
The appellate court approached the case from the wrong angle by applying the "unreasonableness" test. Once leave to appeal on facts is granted under Section 411A, the court has the power to review the evidence and reverse the verdict if it finds it to be wrong, regardless of whether it is perverse.

Issues: Whether the power of an appellate court under Section 411A of the Code of Criminal Procedure, when hearing an appeal on facts from a jury verdict, is limited to interfering only if the verdict is perverse or unreasonable, or whether the court can reverse a verdict it considers wrong.

Ratio Decidendi: The court held that Section 411A does not impose the limitations found in English law. The primary safeguard is the discretion to grant leave to appeal. Once leave is granted, the appellate court must decide the case on its merits. While giving due weight to the jury's implicit views on credibility and the presumption of innocence, the court must allow the appeal if it concludes the verdict was wrong.

Result: Appeal allowed and the appeal against conviction remitted to the High Court to be disposed of according to law.

Legal Category Hierarchy

Advocates:
Solicitors for appellants:Barrow, Rogers & Nevill. Solicitor for respondent: Solicitor, India Office.

Judgement

Consolidated Appeals (No.79 of 1946), by special leave, from a judgment of the High Court in its appellate criminal jurisdiction (October 29, 1945) which affirmed a judgment of the same court in its original criminal jurisdiction (May 3, 1945).

The following facts and statutory provisions are taken from the judgment of the Judicial Committee. The appellants were tried by the High Court, with certain other persons, for conspiracy under s. 120B of the Indian Penal Code, and abetment to commit murder under s. 302 read with s. 109, and were convicted on both charges, and sentenced to transportation for life. They appealed to the High Court, and by an order dated July 12, 1945, the Appellate Court allowed them to appeal on matters of fact as well as of law under s. 411A, sub-s.1 (b], of the Code of Criminal Procedure.

Section 411A was introduced into the Code of Criminal Procedure by Act XXVI of 1943, which enacted as follows

“Insertion of new s. 411A in Act V. of 1898.—After s. 411 of the Code of Criminal Procedure, 1898 (V. of 1898) (herein-after referred to as the said Code), the following section shall be inserted, namely 411A. Appeal from sentence of High Court.—(1.) Without prejudice to the provisions of s. 449 any person convicted on a trial held by a High Court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in s. 418 or s. 423, sub-s.2, or in the Letters Patent of any High Court, appeal to the High Court—

"(a) against the conviction on any ground of appeal which involves a matter of law only;

"(b) with the leave of the appellate Court, or upon the certificate of the judge who tried the case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to the appellate Court to be sufficient ground of appeal; and

"(c) with the leave of the appellate Court, against the sentence passed unless the sentence is one fixed by law.

"(2.) Notwithstanding anything contained in s. 417, the Provincial Government may direct the Public Prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in the exercise of its original-criminal jurisdiction, and such appeal may, not-withstanding anything contained in s. 418, or s. 423, sub-s. 2, or in the Letters Patent of any High Court, but subject to the restrictions imposed by cl. (b) and cl. (c) of sub-s.1 of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of law."

The Act contained certain consequential amendments of the Code and of the Letters Patent to which it is not necessary to refer.

Law Rep. 74 Ind. App. 132 ( 1946- 1947) Thiagaraja Bhagavathar V. King-Emperor

In the appeal of the appellants to the High Court at Madras (Leach C. J. and Lakshmana Rao J.) the leading judgment was given by the learned Chief Justice. He considered the powers which the court possessed where leave to appeal on the facts had been given. He noticed that cls. (a), (b) and (c) of sub-s.1 of s. 411A followed the language of cls. (a), (b) and (c) of s. 3 of the English Criminal Appeal Act, 1907. But he also noticed that there was omitted from the Indian Act any provision corresponding to s. 4, sub-s. 1, of the English Act which provides " The Court of Criminal Appeal on any such appeal " against conviction shall allow the appeal if they think that the verdict of the jury should be set aside on the ground that it is "unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the " appellant was convicted should be set aside on the ground of " a wrong decision of any question of law or that on any " ground there was a miscarriage of justice, and in any other "case shall dismiss the appeal." The learned Chief Justice then discussed various decisions of English courts on the Criminal Appeal Act, 1