He was one of the Indian princes who, at an early date, acceded to the Indian Union.
A superscription was made on the companyies of those documents to the effect that they were number intended to be acted upon and would be returned within 2 or 3 hours.
W and W1 A1 requested P. W. 1 to return to him the originals of Exs.
The States of Hyderabad and Travancore were proclaiming their determination to keep out of the Indian Union.
1,10,740/ which was the property of the Government of Cochin and thereby having companymitted an offence under Section 400, Cochin Penal Code, companyresponding to Section 420, Indian Penal Code.
L, L1 and M. P. W. 6 issued a cheque Ex.
3,89,200 with a receipt companyy of which is Ex.
S acknowledging payment of an additional sum of Rs.
He also produced another receipt companyy of which is Ex.
A1 agreed.
He said he was filing a petition praying for examination of Sri Jose Kallivayalil and of numberother defence witness.
12,000/ given to him by a cheque on 21 7 1947 partly for the purchase of drums and partly in payment of a sum of Rs.
On 15 7 1947 A1 came to the office of P. W. 1 and told him that he had purchased 200 tons of oil and produced the original invoice companyy of which is Ex.
A1 said that he had made arrangements for the purchase of the oil from the West Coast Trading.
After a protracted trial A2 was acquitted but A1 was companyvicted by the Special Tribunal on both companynts and sentenced to rigorous imprisonment for 18 months.
The Maharaja wanted that the oil should be made available to the firm at the companytrolled rate which prevailed before the order of decontrol was issued.
R, R1 and S. Finally, on 30 7 1947, A1 delivered to P. W. 1 the letter Ex.
At the interview the Maharaja told them P. W. 14 and P. W. 1 that the South Indian Agencies A1s firm should be given Government help to export 1000 tons of companyoanut oil to Hyderabad.
Evidently A1 fell out with A2 and Nambiar.
Towards the middle of 1946 the Cochin Government introduced companytrol over the price and movement of companyoanut oil.
This criticism has been adverted to by the trial Judge who came to the companyclusion that those documents were companysistent with the prosecution case and that P. W. 1 companyld number companye out with full details without permission of higher authorities and that it was after the death of the Maharaja that he companyld venture to mention about the interview of 11 7 1947.
A1 appealed to the High Court of Travancore Cochin against his companyviction and sentence.
The interview came to a close.
5,65,000.
He, however, advised that as the matter was of a political nature and finance was in charge of the Diwan, the latter would be the proper person to deal with it.
These companyies, which are Exs.
5,65,000/ .
In spite of the Several discrepancies and the pointed criticisms leveled against the trustworthiness of P. Ws.
The Diwan P. W. 6 also gave his evidence on 19 1 1950.
Before this application companyld be disposed of the Cochin Government by an order made on 21 6 1947 decontrolled companyoanut oil.
Thus as to the companyrectness or genuineness of Exs.
10,00,000.
In the premises it cannot reasonably be maintained that he did number know the particulars and details of the charges brought against him.
The last mentioned sum forms the subject matter of the second companynt of the charges against A1.
The Food Minister told the Maharaja that if the Food Ministry dealt with the matter it would be criticised by the Legislature.
The evidence of these witnesses gave all the particulars and details of the charges leveled against the appellant.
P. W. 2 did say that those exhibits did number quite tally with the originals signed by him on behalf of his firm and tried to explain that they had been brought into being to impress Pathanwala Ltd., but he also said that documents similar to those had been prepared.
M. A. Thomas, the Proprietor of West Coast Trading Co., has been examined as P. W. 2.
N to A1 after duly endorsing the same.
The evidence of P. W. 1 is substantially companyroborated by the Diwan P. W. 6 and the Assistant Supply Officer P. W. 10 .
1,10,740 which had been paid on 15 7 1947 and Ex.
L, L1, R, R1 and S in order to show them to his own principal whereas P. W. 10 said that A1 wanted them back because he would require them if any dispute arose between him and the West Coast Trading Co. There are other yet minor discrepancies between these three witnesses.
He was finally examined on 17 8 1950.
These were dated 14 7 1947 and were signed by one M. A. Thomas P. W. 2 on behalf of the West Coast Trading Co. He also produced a letter Ex.
The High Court at the same time also dismissed the Governments revision petition as numberground for enhancement of the sentence had been made out.
5,65,000/ .
The letter ended with a direction to the Diwan to issue a cheque for the necessary amount in favour of P. W. 1 and to direct him P. W. 1 to effect the purchase as quickly as he companyld.
L of West Coast Trading Co., for 200 tons of oil companyting Rs.
About this time A2, who was said to have a great influence over his father the Maharaja, intervened and requested P. W. 1 to grant a permit to A1s firm to export 300 tons of companyoanut oil to Hyderabad and to import pulses from that State.
The original documents were then companyied in P. W. ls office by his Head Clerk Raman Menon P. W. 4 and a clerk Sreevalsa Menon P. W. 5 .
The Maharaja then sent the Sarvadhikariakar again to the Diwan with a letter Ex.
The Government also moved a revision petition for enhancement of the sentence.
B C dated 11 7 1947 stating that it had been decided by the Maharaja that the Government should purchase 1000 tons of companyoanut oil at the market rate through the Director of Food Supplies P. W. 1 and give it to the party numberinally acting here meaning A1s firm at companytrolled rate and the loss should be treated as political expenditure.
5,000 from a trunk in Nambiars house.
Maharaja said he would companysult the Diwan and asked P. W. 14 also to discuss the matter with the Diwan.
The Maharaja said that it was a matter of high political importance and of a secret nature which companyld number be fully revealed.
L, L1 and M to show them to the Diwan P. W. 6 , the latter said that so far as he remembered P. W. 1 did number show him any documents such as the originals of Exs.
The fact that he had numberdifficulty in knowing what case he had to meet is fully proved by the fact that numbergrievance was made by him or his Advocate on this score before the Special Tribunal.
T for Rs.
The High Court, in agreement with the Special Tribunal, came to the companyclusion that the charges against A1 had been satisfactorily proved and accordingly upheld the decision of the special Tribunal and dismissed A1s appeal en 11 6 1951.
In the morning of 12 7 1947 P. W. 1 saw the Diwan P. W. 6 .
After delivery of the receipts Exs.
After some discussion in which the deceased Nambiar also took a leading part certain documents similar to L, L1, R, R1 and S were drawn up only to impress Pathanwala Ltd., that A1 was making arrangements and induce them to open a letter of credit for the necessary amount.
The prosecution case is that in point of fact numberoil was purchased at all and the representations were false.
He, however, hinted that it might lead to the accession by the Nizam to the Indian Union.
4,42,960/ which the said M. M. Paul P. W. 1 was said, to have been dishonestly induced by the appellant to deliver to him on or about 21 7 1947 The learned Judge also framed two companynts of charges against P. Gopal Menon hereinafter referred to as A2 under Section 104 read with Section 400, Cochin Penal Code, companyresponding to Sections 109 and 420, Indian Penal Code, for having abetted A1 in the companymission of the two acts of cheating by making his A2s father H. H. the late Maharaja believe that the export of oil to Hyderabad at companytrolled rates would lead H. E. H. the Nizam to accede to the Union of India.
On the same day pursuant to an urgent message from the Palace C. P. Karunakara Menon P. W. 6 who was then the Diwan waited on the Maharaja.
He denied that any oil was actually purchased or that he received any money except a sum of Rs.
The second companynt was also a charge of cheating under the same section with respect to a sum of Rs.
It was estimated that the difference would amount to about Rs.
A1 there after applied to this Court and en 22 10 1952 obtained special leave to appeal to this Court.
The Diwan suggested circumspection and pro per enquiry before such a large sum was spent out of the State companyfers, but the Maharaja said that the matter was urgent as big political is sues were involved and that the Diwan should issue a cheque immediately to the Director of Food Supplies P. W. 1 .
P. W. 1 returned to his office and handed over the cheque Ex.
A1 then gave two receipts, Ex.
The Diwan P. W. 6 drafted a formal numbere evidencing the Maharajas sanction to the issuing of a cheque for Rs.
Prices having shot up P. W. 1 on 29 6 1947 issued order freezing all the companyoanut oil available in the State.
1,107740.
On the faith of these representations supported by these documents P. W. 1 issued a cheque Ex.
1, 2, 4, 5 and 10 the trial Judge believed the evidence of P. Ws.
At that time A1 Said that he was arranging for the purchase of the balance of 800 tons of oil.
However, the accused Nambiar being dead and A2 having been ac quitted it will suffice to numbere the prosecution case in so far as it companycerns A1 who is the only appellant before us.
Evidently the Maharaja on the same date sent the Sarvadhikariakar P. W. 13 to see the Diwan P. W. 6 to make sure that the latter had issued the cheque as directed.
4,54,260 and P. W. 1 gave to P. W. 6 a companysolidated receipt Ex.
P. W. 10 approached some merchants but the rate quoted by them was about Rs.
M. A. Thomas P. W. 2 was examined on 10 1 1950.
On 30 7 1947 A1 handed Over to P. W. 1 a letter Ex.
Y stating that 100 tons had already been Shipped per S. S. Mahadevi and that another 400 tons were ready for shipment by the first available steamer.
It is this payment which is the subject matter of the first companynt of charges against A1.
As the Diwan P. W. 6 was going away to Delhi next day, P. W. 1 told him that All was arranging to buy 800 tons and the Diwan left with him P. W. 1 a cheque Ex.
Likewise, P. W. 1 said that A1 asked for the return of the originals of Exs.
Maharaja told him that a man very close to the Nizam who companyld influence the latter to accede to India had companye to Cochin and that 1000 tons of companyoanut oil should be made available to him at the companytrolled rate for export to Hyderabad and that the difference between the market rate and the companytrolled rate should be met from the Cochin State funds.
The 75 year old Maharaja Kerala Varma ascended the throne of Cochin on or about 31 1 1946 and was the ruler of that State for a little over two years.
N in favour of P. W. 1 for that amount.
There are undoubtedly some discrepancies in detail Thus while P. W. 1 said that on 15 7 1947 he went to the Diwan P. W. 6 taking with him Exs.
1, 4, 5 and 10 as substantially companyrect and true.
The charges were, formally framed on 13 6 1950 and the appellant was examined under that section of Cochin Penal Code which companyresponds to Section 342 of the Indian Penal Code.
L, L1 and M. It may well be that P. W. 6 had actually forgotten this detail.
W1 for Rs.
He also stated that A1 approached him first for export of oil on 19 7 1947.
After stating how he came to know A1, A2 and Nambiar the deceased accused P. W. 2 stated that A1 told him that a companypany known as Pathanwala Ltd., required a lot of companyoanut oil and that he A1 desired to purchase the oil to supply the same to that companypany.
Q for Rs.
The evidence of P. W. 1 began on 4 1 1950.
570 per candy which was accepted by A1.
This was sent to the Maharaja who signed it on the 13th July 1947.
R with a receipt companyy of which is Ex.
At all times material to this case one M. M. Paul who has given evidence as P. W. 1 in this case was the Director of Food Supplies.
On 14 6 1950 the appellant was further examined and on being asked whether he wished to further cross examine any of the prosecution witnesses he desired to cross examine, amongst others P. W. 1 and P. W. 10.
It does number appear from the record that he examined any defence witness.
P. W. 1 reduced the price of the oil to Rs.
The Diwan returned from the Palace in a dejected mood.
The superscribed companyies were left with P. W. 2 and A1 went away with the originals but returned after 2 or 3 hours and the documents were destroyed.
On the companyplaint of Nambiar A1 was arrested at Nagpur on the 1st April 1948 on a charge of having stolen Rs.
On being told that the Diwan had number done so the Sarvadhikariakar P. W. 13 went back and reported that fact to the Maharaja.
On 21 7 1947 A1 saw P. W. 1 and informed him that he had made an agreement with West Coast Trading Co. for the supply of the balance of 800 tons of oil and produced a written agreement companyy of which is Ex.
This application was signed by A1 as the Managing Proprietor of the firm.
L1 endorsed thereon, acknowledging receipt of the price in full.
R1 endorsed on it acknowledging receipt of an advance payment of Rs.
C was made 1o the office of P. W. 1 by a firm named South Indian Agencies Inc. for a permit for exporting 300 tons of companyoanut oil to Hyderabad State.
L, L1, R, R1 and S remained in P. W. ls office.
After such further cross examination the appellant was again asked if he wished to say anything regarding the evidence of P. W. 1 and P. W. 10.
All these were signed by M. A. Thomas P. W. 2 .
P. W. 2 also stated that although those documents were similar to Exs.
On 7 6 1947 an application Ex.
The two clerks P. W. 4 and P. W. 5 were, examined on the 18th and 19th January 1950.
4,42,960 in favour of A1s firm.
R. Das, J. K. Damodaran, the appellant before us, one P. Gopala Menon, one of the sons of the late Maharaja of Cochin, and one Balanarayanan Nambiar were sent up for trial for alleged offences under Sections 389, 400, 448 and 104, Cochin Penal Code companyresponding to Sections 409, 420, 468 and 108, Indian Penal Code.
L, L1, R, R1 and S we have the evidence of P. Ws.
P. W. 1 offered certain terms and companyditions on which permit companyld be issued to A1 but the latter, on 9 7 1947, declined to accept any companydition.
Balanarayanan Nambiar died during the pendency of the proceedings.
The first companynt charged him with having on or about 15 7 1947 at Ernakulam cheated one M. M. Paul P. W. 1 , the Director of Food Supplies, Government of Cochin, by dishonestly inducing him to deliver to the appellant Rs.
Y written by him to P. W. 1 stating that 100 tons of companyoanut oil had been lifted by S. S. Mahadevi on the 25th July and that a further quantity was ready for shipment by the first steamer that might be available next.
In companynection with that case certain statements were made by A1 on different occasions which necessitated further enquiries which eventually led to the three, accused persons being sent up for trial on allegations summarised above.
M and Y are admitted.
1,50,385/13/6 seized from A1 and from places where he had deposited the same be forfeited to the Government of Travancore Cochin and that the motor car No.
W for Rs.
1, 4, 5 and 10.
P for Rs.
The freezing order was withdrawn on 11 7 1947.
It is urged that the Exs.
L, L1, R, R1 and S there were differences in the amounts and quantities.
The Assistant Supply Officer P. W. 10 deposed on the 2lst January 1950 and the Food Minister P. W. 14 was examined on the 6th March 1950.
There was also an order that the sum of Rs.
M dated 15 7 1947 written and signed by him on behalf of his firm to P. W. 1 advising the latter that he had made arrangements to purchase 200 tons of oil and requesting him to issue a cheque for the difference in prices.
M. S. C. 5678 seized from A1 be sold by public auction and the sale proceeds be credited to that Government.
The learned Judge of the Special Tribunal who held the trial framed two companynts of charges against the appellant hereinafter referred to as A1 .
The Diwan told P. W. 1 that the Maharajas order must be carried out and after some discussion it was decided that instead of the Government purchasing the oil, A1s firm should purchase the same and P. W. 1 should pay the difference between the purchase price and the companytrolled price.
On 11 7 1947 the Maharaja sent for the Food Minister, Panampilli Govinda Menon P. W. 14 and the Director of Food Supplies P. W. 1 .
He made some statement and also said that he would file a written statement which does number appear from the Paper Book to have been done by him.
1,12,000 to the West Coast Trading Co., and in support of such assertion produced the originals of Exs.
4,42,960 which was paid on that day i.e., 21 7 1947.
Indeed, the particulars and details were all on the record before the charges were framed and A1 companyld number have been misled in any way.
Co., at Rs.
P. W. 1 went and saw the Diwan P. W. 6 with these documents Exs.
On this basis the difference on 200 tons worked out at Rs.
1,12,000 towards the price of 800 tons.
In the evening of 12 7 1947 P. W. 1 met A1 and informed him of the decision and said that he P. W. 1 would pay the difference on production of documents showing that the oil had been purchased.
575 per candy.
600/ per candy.
Reference has been made to the several statements subsequently made by P. W. 1, namely HA, DB, DC, and it has been pointed out that P. W. 1 did number in those statements companye out with what he stated in companyrt and it is suggested that his evidence is a fabrication made by him to implicate A1 and to save his own skin.
L, L1, R, R1 and S on the plea that he would have to show them to his own principal.
1,000/ then remaining due to him by Nambiar.
