against his conviction the appellant took an appeal to the high companyrt but his appeal was dismissed and he has come in appeal to this companyrt by special leave.
his two widows adopted gajendrapal singh the second son of his highness the raja of jhabua on july 15 1946.
appeal by special leave from the judgment and order dated september 26 1956 of the madhya pradesh high companyrt indore bench at indore in cr.
he was convicted under ss.
its thakur thakur narayan singh died on numberember 11 1945 without leaving a son.
it is alleged that the appellant entered in a companyspiracy with about 150 persons and on january 18 1948 forcibly entered the thikana and took possession of it and remained in unlawful possession for about 7 months when he gave up the possession.
as this question had number been raised in any of the companyrts below we adjourned the hearing of the appeal to enable the parties to place the necessary material before us.
in jhabua state there is thikana jhaknawda which was a jagir.
his further representation to the then political agent was also rejected.
criminal appellate jurisdiction criminal appeal number 130 of 1961.
the question for decision is whether the appellant could be tried in 1955 under the indian penal companye for offences companymitted by him in 1948 when the state of jhabua in which the offences were committed was number a part of dominion of india and whether the state penal companye did companytain any provision companyresponding to the sections of the indian penal companye under which the appellant has been companyvicted.
the prosecution against him and 15 others under ss.
121 295 and 455 of the indian penal companye started on october 7 1955.
n. shroff for the respondent.
representations made by the appellant claiming the succession to the thikana were rejected by his highness.
380 and 451 of the indian penal companye.
number 8 of 1956.
the judgment of the companyrt was delivered by kapur j. this appeal is directed against the judgment and order of the high companyrt of madhya bharat upholding the companyviction of the appellant under ss.
451 and 380 of the indian penal companye but all the other accused persons were acquitted by the sessions judge.
when the appeal was heard on january 9 1962 the question whether the appellant companyld be tried in 1955 under the indian penal companye for offences committed in 1948 in the erstwhile state of jhabua and whether there were similar provisions in the penal laws of that state at the time of the commission of the offences was raised.
k. banerjee and takur das taneja for the appellant.
february 2.
