Madodar Ram Accused- v. Emperor Opposite Party.

John Bucknill, Kt., J.:— In this appeal and reference, appellant, who has been sentenced to death for murder, has, through his Counsel, drawn the attention of this Court to a certain circumstance (which took place in the course of the trial) which is a matter of very grave concern. It would appear from what is stated by the learned Sessions Judge in his summing up to the Jury, that to use his own words,

“the confession which was opened by the Public Prosecutor and was read to the Jury in the course of the trial was not recorded according to law aad had to be ruled out as inadmissible.”

2. The fact that such procedure took place in a case of such gravity as is this, is a matter of very great regret. Whatever may have actually taken place it seems quite clear that the Jury was informed that the accused had made a confession. I have no doubt whatever that a statement may very reasonably be regarded as having been bound to affect in some measure the minds of the Jurymen, however carefully the learned Judge may have (and quite rightly) endeavoured to remove that impression from their minds in those circumstances, and without expressing the least view as to the facts of this case. I think that the accused is entitled to a new trial. I should like to add that, pending this new trial, I think it Would be highly advisable that the accused should be kept under medical observation so that his state of mind may be watched in order to see whetherhis mentality is normal. The circumstances under which, as is alleged at the trial, the murder took place, were so violent and barbaric, that it seems possible that the mind of a person who could have committed such a crime was unhinged.

3. The case will go back for a new trial.

Das, J.:— I agree.

5. Case sent back.