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TEUNON, MOOKERJEE, HARINGTON
Sarat Chandra Mitra – Appellant
Versus
Emperor – Respondent
JUDGMENT
Mookerjee, J. - This is an appeal u/s 5 of the Newspapers (Incitement to Offences) Act of 1908, against an order absolute for forfeiture made u/s 3, Sub-section (5) of that Act. The appeal was heard in the first instance by my learned brothers Harington and Teunon, who have differed in opinion. My learned brother Harington is of opinion that the order for forfeiture must be set aside, while my learned brother Teunon is of opinion that the order for forfeiture should be maintained. The case has, therefore, been laid before me u/s 429 of the Criminal Procedure Code read with Section 9 of Act VII of 1908.
2. The circumstances under which the order absolute for forfeiture was made by the Court below are set out in the opinions recorded by my learned brothers, and need not be recalculated at full length. It is sufficient to state that the order has been made on the ground that the Pallichitra is a "newspaper" within the meaning of the Newspapers (Incitement to Offences) Act of 1908, and that in the issue of it for Assar 1316 was published a poem "Esho ma palli rani" which contains an incitement to murder or to an offence under the Explosive Substances Act, 1908, or an act of viol
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