AIR 1965 JAMMU AND KASHMIR 90 ::1965 Kash LJ 42

Jammu And Kashmir High Court

Hon'ble Judge(s): Janki Nath Wazir , C.J.

(A) Jammu and Kashmir Criminal P.C. (23 of 1989 Smvt.) , S.342— Duty of Court - Examination of accused - Court must put to accused in clear words circumstances which emerge from prosecution evidence against him. It is the duty of the Court to put to the accused in clear words the circumstances which emerge from the statements of the prosecution witnesses so that he is in a position to tender his explanation to those circumstances.(Para 3) Thus where the accused was illiterate and was merely asked whether he had heard the statements of the prosecution witnesses but the Court never explained to him clearly the circumstances appearing against him. Held that it was necessary for the Court to have put to the accused circumstances appearing in the prosecution evidence against him in order to enable him to tender his explanation, and merely asking whether he had heard the prosecution evidence was not enough and the Court had not done its duty.(Para 3) (B) Ranbir Penal Code (12 of 1989 Smvt.) , S.441, S.447— Landlord going on his land and unyoking bullocks of his tenant - Intention to take forcible possession of land or to intimidate, insult or annoy cannot be inferred - Conviction u/S.447 cannot be sustained. AIR 1964 SC 986 Foll....