- (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. On 7-6-1947 an application (Ex. C) was made to the office of P. W. 1 by a firm named South Indian Agencies Inc. for a permit for exporting 300 tons at coconut oil to Hyderabad State. This application was signed by Al as the Managing Proprietor of the firm. Before this application could be disposed of the Cochin Government by an order made on 21-6-1947 decontrolled coconut oil. Prices having shot up P. W. 1 on 29-6-1947 issued order freezing all the coconut oil available in the State. 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 Al's firm to export 300 tons of cocoanut oil to Hyderabad and to import pulses from that State. P. W. 1 offered certain terms and conditions on which permit could be issued to Al but the latter, on 9-7-1947, declined to accept any condition. The freezing order was withdrawn on 11-7-1947. Although permit was no longer necessary for exporting oil, the prices had gone up so high that it became difficult, from a practical and commercial point of view, to buy oil at the market rate provailing in Cochin for exporting the same to Hyderabad. It was at this stage that events began to move fast. 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).At the interview the Maharaja told them (P. W. 14 and P. W. 1) that the South Indian Agencies (A1's firm) should be given Government help to export 1000 tons of cocoanut oil to Hyderabad. The Maharaja said that it was a matter of high political importance and of a secret nature which could not be fully revealed. He, however, hinted that it might lead to the accession by the Nizam to the Indian Union. The Maharaja wanted that the oil should be made available to the firm at the controlled rate which prevailed before the order of decontrol was issued. The Food Minister told the Maharaja that it the Food Ministry dealt with the matter it would be criticised by the Legislature. 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. Maharaja said he would consult the Diwan and asked P W. 14 also to discuss the matter with the Diwan. The interview came to a close.;