Emperor vs Barendra Kumar Ghose - 1923 Supreme(Cal) 57

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(Cal) 57

THOMAS WILLIAM RICHARDSON, PAGE, CUMING, C. C. GHOSE, ASUTOSH MOOKERJEE
Emperor – Appellant
Versus
Barendra Kumar Ghose – Respondent

JUDGMENT

Mookerjee, J. - This is an application for review of a criminal case on the certificate of the Advocate-General under Clause 26 of the Letters Patent. The petitioner Barendra Kumar Ghosh was tried on the 16th and 17th August at the Fourth Criminal Sessions of this year, by Mr. Justice Page and a Special Jury, on a charge of offences punishable under Sections 302 and 394 of the Indian Penal Code. He pleaded not guilty to the first count and guilty to the second count. The Jury returned a unanimous verdict of guilty of murder, with the result that the accused was convicted and sentenced to deatli u/s 302. On the 22nd August, an application was made on his behalf to the Advocate-General for a certificate under Clause 26 of the Letters Patent. On the 27th August, the Advocate-General heard Counsel for the prisoner in support of the application. On the 29th August, the Advocate-General granted a certificate in the following terms:

2. "Certificate of the Advocate General of Bengal under Clause 26 of the Letters Patent of 1865.

3. "I. Whereas the accused above named was on the 16th August, 1923, charged at the Criminal Sessions holden in this Hon'ble Court in its Criminal Jurisdicti