DAS GUPTA, P. N. MUKHERJEE

( 1 ) THE petitioner was tried along with several other persons on a charge under Section 147, I. P. C. The trial took place inside the Hooghly Jail, and was by a Magistrate who was posted at Serampore. On the 23rd of August, 1950, after examining 5 prosecution witnesses inside the jail, the learned Magistrate framed a charge under Section 147, I. P. C. The Magistrate without fixing a fresh date for the cross-examination of the witnesses called upon the accused to cross-examine the witnesses then and there and accordingly when the witnesses had been cross-examined, the accused was examined under Section 342, Cr. P. C. No defence was adduced and after hearing the argument, 6-9-50 was fixed for judgment, and was delivered on that date convicting the accused and sentencing him to rigorous imprisonment for 6 months. An appeal against this order was dismissed by the Sessions Judge of Hooghly but the sentence was reduced to rigorous imprisonment for three months.

( 2 ) THE first contention raised on behalf of the petitioner is that the accused has been prejudiced in the trial by the illegal act of the learned Magistrate in not proceeding in the manner as laid

Click Here to Read the rest of this document