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Sir Barnes Peacock, Kt., C.J.@mdashWe think that the Sessions Judge was wrong in sending the case back to be retried on the two charges mentioned in his order. The prisoner clearly could not be retried under s. 380, as …
Phear, J.@mdashThis suit is the natural sequel to that which was brought before me a few months ago on the Ecclesiastical side of this Court, and during the course of the present trial I have seen very much to assure me…
Sir Barnes Peacock, Kt., C.J. and Kemp, J.@mdashI do not think that there is any doubt in this case, when we read ss. 405 and 428 of the Code of Criminal Procedure together. There might have been some doubt if s. 405 st…
Sir Barnes Peacock, Kt., C.J.@mdashI am of opinion that a conviction upon the uncorroborated testimony of an accomplice is legal. This is not new law, nor founded upon a new principle. The point was decided in England a…
Sir Barnes Peacock, Kt., C.J.@mdashThe Full Bench agree in the view expressed by the order referring this case, and think that the case does not fall within s. 22, Act XI of 1865, and that the Court cannot, therefore, e…
Sir Barnes Peacock, Kt., C.J.@mdashThere are, in my opinion, several important distinctions between murder and culpable homicide; an offence cannot amount to murder, unless it falls within the definition of culpable hom…
Sir Barnes Peacock, Kt., C.J.@mdashThe Court is clearly of opinion that a review of judgment will not lie from a sentence or judgment pronounced by the High Court, or by a Division Bench of the High Court, in a criminal…
Sir Barnes Peacock, Kt., C.J.@mdashIt is clear that we cannot, under the general powers vested in the Court by the Letters Patent, interfere by way of motion, and do indirectly that which we cannot do directly by way of…
Sir Barnes Peacock, Kt., C.J.@mdashI am of opinion that, if, in the course of hearing a suit, a Civil Court commits a party to the suit for trial on a charge of perjury or forgery, or directs that the case be made over …
Sir Barnes Peacock, Kt., C.J.@mdashS. 363 of Act VIII of 1859 enacts as follows:-- "No appeal shall lie from any order passed in the course of a suit and relating thereto prior to the decree; but if the decree be appeal…