EMPEROR Vs. NIRMAL KANTA ROY

JUDGEMENT

(1.) The accused in this case has been indicted under five counts. These are, first, the murder of Nripendra Nath Ghose under Sections 302 and 34 of the Penal Code; secondly, murder of the same man under Sections 114 and 302 of the Code; thirdly, abetting the murder of the same man under Sections 109 and 302 of the Code; fourthly, the murder of Ananta Teli; fifthly, culpable homicide of Ananta Teli. To these charges he pleaded "not guilty." I told the jury that there was no evidence of an offence under the first count, and they acquitted him accordingly. The jury differed as to his guilt under the second and third charges and there were not as many as six who agreed in opinion. The jury unanimously acquitted him of murder under the fourth charge, and differed as to the fifth charge, without six agreeing in opinion, I accordingly discharged the Jury under Section 305 of the Criminal Procedure Code.

(2.) The accused was then tried again in accordance with Section 308 of the Code; and as he wished to raise a defence under Section 403, I allowed him to be charged and to plead again, though I doubted if this were necessary or had any legal effect.

(3.) To every remaining charge of the indictment, that is, to the second, third and fifth he pleaded "not guilty", and that he had been previously acquitted, care being taken that he should make the two pleas at the same time.