The jury, however, with respect to charges under ss.
6 of 1954, under Section 307 of the Criminal Procedure Code made by the Additional Sessions Judge, 24 Parganas at Alipore on the June 7, 1954, in Sessions Trial No.
None of these three accused have entered appearances in this Court.
There were eight accused on trial in the Court of Session all of whom were charged under ss.
147 and 304/149 of the Indian Penal Code.
147 and 201 of the Indian Penal Code companyvicted the accused Sashi Mohan Debnath, Rajendra Debnath, Sudbanshu Kumar Debnath, Dinesh Chandra Debnath and Bonomali Das under s. 147 of the Indian Penal Code and sentenced each of them to undergo one years rigorous imprisonment and the accused Sashi Mohan Debnath and Rajendra Debnath under s. 201 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for three years.
Appeal from the judgment and order dated July 21, 1954, of the Calcutta High Court in Reference No.
The sentences with respect to the accused Sashi Mohan Debnath and Rajendra Debnath were ordered to run companycurrently.
The High Court did number accept the verdict of the jury with respect to the accused Manindra Debnath and Gouranga Debnath under s. 147 of the Indian Penal Code and under s. 201 against Manindra Debnath and Rohini Kumar Debnath and acquitted them.
3, Manindra Debnath, accused No.
The jury returned a unanimous verdict of number guilty under s. 304/149 of the Indian Penal Code, which the learned Judge accepted.
The High Court accepted the reference in part and in agreement with the jurys verdict of guilty under ss.
The present appeal is by the accused Sashi Mohan, Debnath, Rajendra Debnath, Sudhanshu Kumar Debnath and Bonomali Das.
6, Rohini Kumar Debnath and accused No.
The trial Judge delivered a charge to the jury which was favourable to the accused.
147 and 201 of the Indian Penal Code returned a unanimous verdict of guilty against the accused charged with these offences.
C. Isaacs, and S. N. Mukherjee, for the appellants.
C. Mitra, D. N. Mukherjee and P. K. Bose, for the respondent.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1, Sashi Mohan Debnath, accused No.
The following Judgment of the Court was delivered by IMAM J. In this appeal by special leave the substantial question for companysideration is whether the reference made to the Calcutta High Court by the Additional Sessions Judge of Alipur under s. 307 of the Code of Criminal Procedure hereinafter referred to as the Code was companypetent and, if number, whether the High Court acted with jurisdiction in companyvicting or acquitting any of the accused who were tried by the Additional sessions Judge and a jury.
The trial Judge disagreed with this verdict and made a reference under s. 307 of the Code to the High Court, being of the opinion that the accused were number guilty of these offences.
2 of May, 1954.
Four of them, namely, accused No.
So far as Rohini Kumar Debnath was companycerned, it was reported that he companyld number be traced and numberone companyld say where he had gone after selling all his properties and that numberrelative of his companyld be found.
6, Rohini Kumar Debnath were further charged under s. 201, Indian Penal Code.
Accordingly, numberices were issued to these accused and they were served upon Manindra Debnath and Gouranga Debnath.
114 of 1954.
3, Manindra Debnath and accused No.
When the appeal came on for hearing on September 12, 1956, it was found necessary by this Court to have the appeal heard in the presence of the accused No.
November 19.
2, Rajendra Debnath, accused No.
