CHITTAMBARAM Vs. KING-EMPEROR

JUDGEMENT

(1.) AT the conclusion of the arguments in this appeal, their Lordships expressed their opinion that the appeal should be dismissed and stated that they would give their reasons later. This they now proceed to do.

(2.) THIS is an appeal from the judgment of Mr. Justice Dunkley, Acting Chief Justice of the High Court of Rangoon, dated March 26, 1946, in which he reviewed and confirmed a judgment given on February 25, 1946, by U. Kyaw U, a Special Judge appointed under the Special Judges Act, 1943 (Burma Act No. X of 1943) for Rangoon Town District. The said Special Judge had convicted the appellant under Section 802 of the Indian Penal Code and sentenced him to death. THIS sentence was confirmed by the High Court.

(3.) THE Act gave the Governor power to appoint in any area to which the Act extends a Special Judge for the trial of accused persons under the Act. It defined among other things the requisite qualifications which a Special Judge had to possess. THE Special Judge was empowered to try any offence punishable under any law for the time being in force and to pass any sentence authorised by law and to take cognisance of offences without the accused having been committed for trial. THE Special Judge was given wide discretion as to the conduct of the trial. THEre was to be no appeal by a convicted person and no application for revision was to be entertained by any Court. THE only provision for any revision was in the case of a death sentence, which was to be submitted for review by a Judge of the High Court nominated by the Governor. That Judge's decision was to be final. THEre were other provisions of the Act departing from the procedure prescribed by the Code, but subject to all these provisions, the Code and any other law for the time being in force, so far as applicable, were to apply to the trials before a Special Judge appointed under the Act. Legal proceedings in respect of anything done or intended to be done in good faith under the Act were barred.