K DAMODARAN Vs. STATE OF TRAVANCORE COCHIN

JUDGEMENT

(1.) K. Damodaran the appellant before us, one P. Gopalan Menon, one of the sons of the late Maharaja of Cochin, and one Balanarayanan Nambiar were sent up for trial for alleged offences under Ss. 389, 400, 448 and 104. Cochin Penal Code corresponding to Ss. 409, 420, 468 and 108, Indian Penal Code. Balanarayanan Nambiar died during the pendency of the proceedings. The learned Judge of the Special Tribunal who held the trial framed two counts of charges against the appellant (hereinafter referred to as A1). The first count 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. 1,10,740/- which was the property of the Government of Cochin and thereby having committed an offence under S. 400, Cochin Penal Code, corresponding to S. 420, Indian Penal Code. The second count was also a charge of cheating under the same Section with respect to a sum of Rs. 4,42,960/which the said 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 counts of charges against P. Gopal Menon (hereinafter referred to as A2) under S, 104 read with S, 400, Cochin Penal Code, corresponding to Ss. 109 and 420, Indian Penal Code, for having abetted A1 in the commission of the two acts of cheating by making his (A2's) father H. H. the late Maharaja believe that the export of oil to Hyderabad at controlled rates would lead H. E. H. the Nizam to accede to the Union of India. It should be noticed that although the Police charge-sheet referred to a charge of forgery no charge was actually framed against Al of that offence.

(2.) After a protracted trial A2 was acquitted but Al was convicted by the Special Tribunal on both counts and sentenced to rigorous imprisonment for 18 months. There was also an order that the sum of Rs. 1,50,385/13/6 seized from Al and from places where he had deposited the same be forfeited to the Government of Travancore-Cochin and that the motor car No. M. S. C. 5678 seized from A1 be sold by public auction and the sale proceeds be credited to that Government. Al appealed to the High Court of Travancore-Cochin against his conviction and sentence. The Government also moved a revision petition for enhancement of the sentence. The High Court, in agreement with the Special Tribunal, came to the conclusion that the charges against Al had been satisfactorily proved and accordingly upheld the decision of the Special Tribunal and dismissed Al's appeal on 11-6-1951. The High Court at the same time also dismissed the Government's revision petition as no ground for enhancement of the sentence had been made out. Al thereafter applied to this Court and on 22-10-1952 obtained special leave to appeal to this Court. The appeal has now come up before us for final disposal.

(3.) The alleged offences are said to have been committed in July 1947 and it is necessary, to appreciate the rival contentions, to keep in view the surrounding circumstances prevailing in those days. However the accused Nambiar being dead and A2 having been acquitted it will suffice to note the prosecution case in so far as it concerns Al who is the only appellant before us. 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. He was one of the Indian princes who, at an early date acceded to the Indian Union. The State of Hyderabad and Travancore were proclaiming their determination to keep out of the Indian Union. 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. Towards the middle of1946 the Cochin Government introduced control over the price and movement of coconut oil.