CHITTAMBARAM Vs. EMPEROR

JUDGEMENT

(1.) At the conclusion of the arguments in this appeal, their Lordships expressed their opinion that the appeal should be dismissed and stated that they would give their reasons later. This they now proceed to do.

(2.) This is an appeal from the judgment of Mr. Justice Dunkley, Acting Chief Justice of the High Court of Rangoon, dated 26-3-1946, in which he reviewed and confirmed a judgment given on 25-2-1946, by U Kyaw U, a Special Judge appointed under the Special Judges Act, 1943 (Burma Act No. 10 [x] of 1943) for Rangoon Town District. The said Special Judge had convicted the appellant under S. 302, Indian Penal Code, and sentenced him to death. This sentence was confirmed by the High Court.

(3.) The appellant petitioned His Majesty in Council for special leave to appeal both on the merits and on the question of the jurisdiction of the Special Judge. His submission on the latter point was that the Special Judge had no jurisdiction to try him and that the whole of the proceedings in his trial were illegal and void. Special leave to appeal was granted by Order in Council dated 28-10-1946, solely on the question of the jurisdiction of the Special Judge.