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1929 Supreme(Cal) 191

S. K. GHOSE, CUMING, C. C. GHOSE
Emperor – Appellant
Versus
Dukari Chandra Karmakar – Respondent


JUDGMENT

Cuming, J. - This is a case of one Dukari Chandra Karmakar whoso case has been referred to us by the learned Sessions Judge of Birbhum under the provisions of Section 307, Criminal P.C. The accused Dukari was tried before the Sessions Judge sitting with a jury on a charge of murdering his wife Sakti Kumari. Five of the jury found the accused not guilty. The remaining four of the jury found him guilty u/s 302, I.P.C. The learned Sessions Judge apparently agreeing with the minority has referred the case to this Court u/s 307, Criminal P.C.

2. I would draw the attention of the learned Sessions Judge to the provisions of Section 307, Criminal P.C., and point out to him that it is necessary for him to state clearly what offence, in his opinion, the accused is guilty of. It is not correct for him to state that he is "inclined to agree with them."

3. The facts of the case are briefly these : The accused Dukari was married to the deceased Sakti Kumari a girl at present some 15 or 16 years of age some 6 or 7 years ago. It would seem that there was an arrangement at the, time of the marriage that Dukari should reside in his father-in-law's house as a ghar jamai, and apparently he so re

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