EMPEROR Vs. LALIT MOHAN CHUCKERBUTTY

JUDGEMENT

(1.) Forty-six accused have been, committed to this Court for trial under Section 6V(&) of Act XIV of 1908, and the charges against them are under Sections 121A, 122 and 123 of the Indian Penal Code.

(2.) Of these the principal charge is that under Section 121A, of conspiracy to wage war against His Majesty the King-Emperor, and deprive the King-Emperor of the sovereignty of British India, and to overawe by means of criminal force, or show of criminal force, the Government of India, as bylaw established. The charges under the other sections are subsidiary, and have not been discussed before us. The period of the conspiracy, as charged, is "between the Christian years 1905 and 1910 both inclusive," and the accused are charged with having conspired at Sibpur in the District of Howrah, and at other places in British India.

(3.) Of the 46 accused so charged, Bhuban Mukherjee is alleged to be of unsound mind, and consequently incapable of making his defence, and an application has been made to us, under Section 465 of the Criminal Procedure Code. As against him we have directed an adjournment of the trial subject to any objection that may be taken on his behalf.