Gur Dayal vs Emperor - 1923 Supreme(Oudh) 40

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(Oudh) 40

DALAL
Gur Dayal – Appellant
Versus
Emperor – Respondent

JUDGMENT

Dalal, A J C - This is the usual difficult case brought in revision from an order of a Magistrate binding over the applicant to be of good behaviour. An appeal of the applicant to the District Magistrate was dismissed. Difficulties in these cases arise because the judgments of the Magistrates fail to disclose, as my learned colleague Mr. Daniels aptly said in a judgment on a similar application, that the Courts had "approached the consideration of the applicant's case in a fair way having regard to the interest not only of the prosecution but also of the accused, Gur Din v. Emperor A.I.R. 1921 Oudh 115. A large mass of evidence was produced in this case on both sides, as many as 27 witnesses for the prosecution and 57 for the defence of the applicant Gur Dayal. Both Subordinate Courts touched upon this evidence in a most summary fashion. The first Court observed" Kunj Behari Shah, Dwarka and Ram Lal may be on bad terms with Gur Dayal but many others have sworn to the facts that the accused are habitual thieves and housebreakers. Their evidence should not be rejected. The expression "may be" indicates the trend of mind of the First Court. There is not the slightest doubt in

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