EMPEROR Vs. ANNADA CHARAN THAKUR

JUDGEMENT

(1.) This is a Reference under Section 307 of the Criminal P. C. by the Sessions Judge of Rajshaye who disagreed with the verdict of the Jury acquitting the accused persons, Annada Charan and Pratap Shaha. The charges against the accused Annada were in respect of offences punishable under Secs.302/114 and 392 of the Indian Penal Code, and against the accused Pratap under Secs.302 and 392 of the Code. The Jury, by a majority of four to one, acquitted the first accused, and by a majority of three to two acquitted the second accused on all the charges. One Kali Charan Thakur, the father of the accused Annada, died during the trial, and another accused, named Abdus Sobhan, was made an approver in the Court of the committing Magistrate, and he was examined as such in the Court of Session.

(2.) Before dealing with the merits of this Reference, it will be convenient to dispose of two matters of law upon which the learned Counsel for the accused has made his submissions to this Court. Mr. Chaudhuri's first contention is that the committing Magistrate, in tendering a pardon to the approver, Abdus Sobhan, illegally omitted to record his reasons for so doing. I do not think that there is any force in this contention, or that the omission was an illegality by reason of which the evidence of Abdus Sobhan is inadmissible for the purpose of considering the merits of this case.

(3.) The facts, so far as it is necessary to mention them in this part of the judgment, are these. Halalkhuri, a driver of the postal mail-cart plying between Rampur Boalia and Natore in the district of Rajshaye, was murdered on the night of the 3 August 1908 at a place on the road to Natore and situated about four miles distant from Natore. The mail bags were opened and examined, and a certain parcel was abstracted. The case has been called the Natore Mail robbery case; and a large force of police conducted the necessary investigation with the result that, on the 23 September 1908, the four accused persons, whose names have already been mentioned, were arrested. Against all the accused a charge-sheet was submitted by the Sub- Inspector, Pyari Kumar Burdhan, on the 14 October 1908. In that charge-sheet the Sub- Inspector suggested that a pardon might be tendered to the accused Abdus Sobhan on the usual terms and conditions. The Deputy Magistrate took up the case, and, after the examination of two witnesses, he drew up a proceeding under Section 337 of the Code of Criminal Procedure to the following effect: Pardon is hereby tendered to the accused Abdus Sobhan in the marginally noted case (Emperor V/s. Kali Charan Thakur, Annada Charan Thakur, Abdus Sobhan and Partap Shaha, under Secs.302, 395 and 109 of the Indian Penal Code) on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the murder of Halalkhuri, and of every other person concerned whether as principal or abettor. Abdus Sobhan accepts the pardon and is examined as a witness. (Signed) Girish Chandra Dutt, Deputy Magistrate, Rajshaye, 15-10-08.