Queen-Empress vs Bhairab Chunder Chuckerbutty

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1898 Supreme(Cal) 34

Queen-Empress – Appellant
Versus
Bhairab Chunder Chuckerbutty – Respondent

JUDGMENT

Maclean, C.J. - I have had the advantage in this case of reading the judgment of Mr. Justice Banerjee, and of discussing it fully with him, and he has stated so fully the charges against the present accused, the history of the trial, the result of that trial, the circumstances under which the present appeal has been presented, and the only conditions under which having regard to those circumstances, this Court can interfere, that 1 feel it is unnecessary for me to recapitulate what he had said on those several points. He has also set out in marked detail the various heads of misdirection upon which the Appellants rely, and do not propose, nor do 1 think it necessary, that I should re-state these in my own judgment. In respect to what 1 may call the question of oral misdirection, as opposed to the question of misdirection, in the refusal to admit the statements of the three accused, which were so often referred to during the course of the argument, I concur in the views which Mr. Justice Banerjee is about to express and subject to one or two observations, which I am about to make, I do not think that I can usefully add anything to what he has said.

2. I desire, however, to po