Supreme Court of India

Magga and Another v. The State of Rajasthan

Neutral citation
Reported as [1953] 1 S.C.R. 973
Bench Mehr Chand Mahajan and S. R. Das JJ.
Decided 16 February 1953

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result we allow this appeal, quash the convic­ tion and sentence passed on the appellants, and direct their retri!tl by the sessions judge in accordance with the procedure prescribed by the Code.

Judgment, page 14

From the headnote

Criminal Procedure Code (V of 1898), ss. 284, 285, 539-Asses­ soi·s-Trial with three assessors-Absence of one assessor during trial-Substitution of new person-Legality of trial-Re-appear­ ance of absent assessor-Continuing trial with four assessors­ Va,lidity of trial. Section 285 of the Criminal Procedure Code permits a trial commenced with the aid of three assessors to be continued and completed with the aid of less than three if during the course of the trial any assessor is prevented by sufficient cause from at­ tending. It does not, however, authorise the substitution of an assessor for

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