Back
1925 Supreme(Oudh) 19
HIGH COURT OF OUDH
Dalal, J.C.
Khuman Singh Anr - Appellant
Versus
Emperor - Respondent
Decided On : 07-04-1925
JUDGMENT
Dalal, J C - The applicants were convicted of an offence under Section 147 of the Indian Penal Code and sentenced to a fine. There was also a cross case brought by them against their antagonists. The objections taken in revision are: (1) that there was a joint trial of the two cross cases, and (2) that the applicants were not examined after the prosecution witnesses were cross-examined on their behalf after the charge was framed.
2. The trial of the two cross cases was separate. The Magistrate wrote one judgment which was not an illegality. Separate orders in each case were passed.
3. Substantial justice has been done, so I have no desire to discuss the law under Section 342(1) of the Code of Criminal Procedure as to whether the applicants ought or ought not to have been examined after the prosecution witnesses were cross-examined after the framing of the charge. Only as late as the 17 th of March my learned predecessor decided-King-Emperor v. Brij Bihari A.I.R. 1925 Oudh 422-that omission to make further examination of the accused after the charge and after prosecution witnesses have been recalled for cross-examination is not an illegality which vitiates the trial without regard to whether the accused has been prejudiced or not. In the Notes & Comments of the Oudh Weekly Notes of 1st April certain rulings to the contrary are noted. This matter arising in this application however is not of such importance as to require decision here by a Bench of two Judges. The applicants have only been fined and, as observed by the Sessions Judge, substantial justice has been done. I pronounce no opinion on the question of law and content myself by saying that I refuse to interfere.
4. This application is dismissed.
