Emperor Prosector v. Bai Lali Accused.

Beaumont, C.J:— This is reference by the Sessions Judge of Surat under S. 307 of the Criminal Procedure Code. The accused was tried for murder and acquitted by the unanimous verdict of the Jury. The Jury consisted of nine men, five of whom are of the school master class, so that the Jury cannot be considered as a body of purely uneducated individuals. The leaned Judge disagreed with the verdict of the Jury and has, therefore, referred the matter to us under S. 307.

2. It has been laid down many times by High Courts in India that on a reference under S. 307 the High Court cannot ??? unless ??? the verdict of the Jury is ??? that is to say, the court must came to the ??? on a perusal of the evidence that no Jury could really have entertained any reasonable doubt as to the guilt of the accused.

3. It is I think, important that the principle should be adhered to that the High Court will not interfere with the verdict of a Jury merely because on a perusal of the evidence the Judges think that they would have come to a different conclusion from that at which the Jury arrived. Trial by Jury in this country is comparatively modern and juries like other people have to learn their job. They have to learn that the responsibility for deciding questions of fact rests upon them, and if they believe that the High Court will readily interfere with their verdict, it is likely that belief will tend to take away from them the sense of responsibility which they ought to possess. [After dealing with the fasts of the case, his Lordship rejected the reference.]

Broomfield, J.:— [His Lordship discussed the evidence and concluded.] It is rather difficult to say, therefore, that the verdict is one which could not be arrived at by a reasonable body of men. I think it is a case on the border line. It has caused me a certain amount of difficulty, but on the whole I agree with the learned Chief Justice that it is not a case in which we ought to interfere with the verdict of the Jury under S. 307 of the Criminal Procedure Code.

4. Reference rejected.