STATE Vs. MAHARAJKUMAR SADAY CHAND MAHTAB

JUDGEMENT

(1.) These two revision cases have been taken up together as they arise out of the order of the learned Additional Sessions Judge of 24-Parganas, Shri T.K. Mutsuddi passed on 21st January 1965, in the criminal revision case No. 83 of 1966 Saday Chand Mahtab is the petitioner. He has come up before this Court for quashing the order passed by the learned Additional Sessions Judge whereby he was committed to the Court of Session for standing his trial under section 302 of the Indian Penal Code for the alleged murder of Aroo Lama.

(2.) The facts on which the present applications have arisen may be stated briefly as follows : In January 1960, Maharajadhiraj Bahadur Uday Chand Mahtab of Burdwan made a gift of a portion of premises No. 10, Diamond Harbour Road with buildings thereon to his staff officer Nima Ongal Lapecha of Darjeeling. It was alleged on behalf of the prosecution that his son, the present petitioner did not take the gift in good grace. It transpired subsequently in November 1963 that the gifted house was heavily damaged and, as such, Nima Ongal Lapcha was asked by Maharajadhiraj Bahadur to send somebody to take charge of the house and to arrange for its repairs. Nima, in his turn, after he had received the information sent Aroo Lama, Thupden and Santhala and an advocate of Darjeeling Daulat Singh Rasaily to arrange for repairs and to take legal action, if required.

(3.) On 11th February 1964 Aroo Lama, Thupden Santala and Pattay Lama came to Calcutta and stayed in the servants' quarters at 10-B, Diamond Harbour Road. It is the prosecution allegation that on 14-2-1964 the accused Saday Chand Mahtab went to the servants' quarters and threatened the said persons and as a sequal thereof a G. D. entry at the Alipore Police Station was made. On that date at about 7 p.m. Dawa Wangal came to that quarters from Darjeeling and during night Santhala heard some sound of 3/4 gun shots within the palace compound and on the next morning Dawa Wangal and Aroo Lama were found lying dead in the compound. On the following morning the police were informed and a first information report was lodged with the result that Saday Chand Mahtab was arrested. During investigation he produced one Browning Pistol with 4 cartridges and one Sauer Pistol by opening an iron safe from the room of his house at 14/8 Burdwan Road. He was put under arrest and the other two accused persons Madheswar Pathak and Ram Ekbal Dubey were also arrested. In pursuance of a statement made by the accused Madheswar Pathak one broken S. B. B L. gun with 25 cartridges and one bamboo lathi were recovered from his room. The butt end of the gun and the lathi were found stained with blood. His wearing apparel also were found stained with blood. Saday Chand Mahtab had also an injury on his right leg which appears to be caused by fire from a projectile.