Alli v. Emperor

ORDER

Burn, J.

1. The jury had no power to give a verdict of guilty of assault (S. 352, I.P.C.) and the learned assistant sessions judge had no power to accept such a verdict. The jury's verdict on the only charge framed was one of not guilty, and on that the accused were entitled to an acquittal. It is quite impossible to sustain the conviction and sentence in this case and I set them aside. The bail bonds executed by and on behalf of the petitioners will be cancelled.