He started his summing up by stating: " I now propose to take up the prosecution witnesses individually with a view to sum up the evidence of each witness and the suggestions made to each by the counsel for the accused." But the real point for consideration is not whether the learned Judge followed one method rather than another: the real point is did he properly discharge his duty under section 297, Criminal Procedure Code by giving the jury the help and guidance to which they were entitled ? Did he marshall the evidence in such a way as to bring out the essential points for decision and the probabilities and improbabilities bearing on the disputed questions of fact on which the jury had to come to their conclusion ? The learned Judge gave a lengthy charge to the jury; and in summing up the evidence of each witness, he did state the disputed points arising therefrom and their bearing on the main questions at issue, viz. whether Sunil had trespassed into 18 Bondel Road and had assaulted the Colonel in the manner alleged by the prosecution.