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1925 Supreme(Oudh) 137
HIGH COURT OF OUDH
Simpson, A.J.C.
Jagannath - Appellant
Versus
Emperor - Respondent
Decided On : 27-05-1925
JUDGMENT
Simpson, A J C - Jagannath was tried by the learned Sessions Judge of Lucknow, sitting with a jury, and was found guilty of an offence under Sections 489-B and 511, Indian Penal Code and was sentenced, to 5 years' rigorous imprisonment. He has appealed. He does not deny that he tried to pass certain notes, and I do not understand him to deny that the notes are in fact forged. What says he is that he found these notes in a coat, which he criminally misappropriated in a passenger train. I cannot interfere with the verdict of a jury, merely on the appellant's allegation that the facts are otherwise.
2. I note that the learned Sessions Judge has recorded the individual opinion of the jurors by name. This is irregular. It was said in Public Prosecutor v. Abdul Hamid (1918) 36 Mad. 585:
In cases of disagreement among the jury the individual opinion of members are never intended to be disclosed.
3. The procedure was described as opposed., to a fundamental principle of the scheme, of trial by jury. It was pointed out that "verdict" in Section 303, Criminal P. C, means "the collective opinion of the jury, as a body, arrived at after mutual consultation, and ascertained and announced by the foreman."
4. The appeal is dismissed.
