PARIMAL CHATTERJI Vs. EMPEROR

JUDGEMENT

(1.) In this case the learned Additional Sessions Judge of Dacca, disagreeing with the verdict of the Jury who found the accused not guilty of the charges framed against them under Section 117 and 302, Indian Penal Code, has made a reference to this Court under the provisions of Section 307, Criminal Procedure Code.

(2.) The facts are as follows: On the night of 28th-29 July, 1-31, after information had been received from D.I.B., Dacca, that seditious leaflets were likely to be posted on serveral places tha1 night, Police partols were instructed to be on the lookout for any one doing this. After patrolling for some time about 2 A.M., two constables in plain clothes were proceeding northwards along a western road when they saw ahead of them three passing doing something outside the gate of the Public Library. The three then went northwards; and the constables, on reaching the gate of the library, saw, there a recently posted leaflet printed in English and headed "Blood calls for Blood". At a short distance northwards from the library, there is a level-crossing and to the south thereof there is a road running eastwards. At the level crossing, two groups of patrolling Police and two members of a defence party had met earlier and they were sitting together. They did not notice anything wrong with the said. three persons who passed quite close td them; but when the two constables, who had been following them, came up And told the Police party what they had found, the whole Police party joined in following them. The three persons went to the Bail-way Station where they were arrested in a 3 class waiting shed. The names of the three persons are Parimal Chatterjee, Santimoy Ganguly and Omiya Bhuean Sen. The ages of the first two are 18 years and the last was aged 15 years. On Parimal copies of the leaflet and other papers were found, and en Santimoy an electric torch and a copy of the leafle. When Omiya was arrested, he threw into the adjoining river a packet, which was recovered by a boatman and found to contain flour paste. The three youths were then taken to the Thana and a First Information Report was lodged.

(3.) At the trial, no evidence was adduced by the defence nor did the accused make any statement in court to explain why they had been at the Railway Station at 3 A.M.