MOTI LAL ROY Vs. EMPEROR

JUDGEMENT

(1.) These two appeals are from a judgment of the Special Tribunal of Sylhet, which tried the appellants by virtue of Gazette Notification No. 2517 G. I., dated June 28. 1934, under the provisions of the Assam Criminal Law Amendment Act, 1934.

(2.) Under the terms of the notification originally five persons were to stand their trial, that is to say, the present three appellants and two others Benoy Bhusan Deb Roy and Digendra Nath Das Gupta The trial began on July 21, 1934, but only Ajit Kumar Chakravarti, Benoy Bhusan Laskar and Motilal Roy were put upon trial by reason of the fact that Digendra Nath Das Gupta had not been arrested, and a pardon was given to Benoy Bhusan Deb Roy under the provisions of Section 9 of the Act, in order that he might be examined as a witness on behalf of the prosecution.

(3.) All the three persons who were tried, were convicted upon charges made under Sections 382, 394 of the Indian Penal Code and upon a charge made under Section 392 read with Section 120-B of the Indian Penal Code. The Commissioners in passing sentence made these observations: "Ajit was a ring-leader who made all the arrangements. Motilal is younger and appears to have been misled by his elders. On the other hand Benoy Laskar a man with a wife and two children deserves exemplary punishment for inciting youths to act like this. Even if he took no part himself he deserves just as servere treatment as the leader of the actual robbers. Lastly Ajit was responsible for the aggravation of the offence from Secs.392 to 394 of the Indian Penal Code. So to meet the ends of justice we sentence Ajit to undergo rigorous imprisonment for seven years under Section 394 of the Indian Penal Code and Motilal to undergo rigorous imprisonment for five years under Section 394 of the Indian Penal Code. No separate sentence will be passed against these two accused under s, 392 read with Section 120-B of the Indian Penal Code. Under Section 392 read with Section 120-B of the Indian Indian Penal Code, we sentence Benoy Lashkar to undergo rigorous imprisonment for seven years".