(1.) The accused, Premananda Dutta, was tried by the Sessions Judge of Chittagong with the aid of a Jury on a charge under Section 302, I. P. C. for causing the death of one Prafulla Kumar Hoy by shooting him on the Pal tan ground in the town of Chittagong on the evening of May 25th, 1924, at about 8-30 P.M. The Jury brought in a unanimous verdict of not guilty, and the learned Judge having disagreed with the same, has submitted the case to us under the provisions of Section 307, Criminal Procedure Code.
(2.) In the course of an elaborate summing up, which is remarkable for its lucidity and its fairness, the learned. Judge has set out all the facts and circumstances of the case and the various points that arise for consideration and his charge has been of immense assistance to us in dealing with the case.
(3.) The accused, Premananda Datta, according to his own statement was a Preventive Officer in the Customs Department, which appointment, he says, he resigned and he became a Congress volunteer. He appears to be a youngman of about 24 years of age, and is what is ordinarily known as a political suspect.