ARINDRA RAJBANSHI Vs. EMPEROR

JUDGEMENT

(1.) In this case we are of opinion that the Rule should be made absolute and that the appeal should be re-heard; and we think it should be re-heard by the same learned Judge.

(2.) Speaking for myself, I should like to make it clear that I make no suggestion that the learned Judge has not heard this, appeal in a proper manner; on the contrary I am convinced that he gave the hearing of the appeal his full consideration; and I think, as far as I can see from his judgment, that he must have taken very considerable care with regard to the case made against each of the accused. His judgment, however, is one that is subject to review by this Court, and we do not think he has given us sufficient materials to enable us to come to a decision upon the points which arise in the case.

(3.) Therefore, the case must be sent back to him for the purpose of the appeal being re-heard and his giving further judgment on it.