Judgement

Appeal (No. 27 of 1943), by special leave in forma pauperis, from a judgment of the High Court (December 18, 1942) confirming the conviction of the appellant of the murder of his uncle, Nanhu, under s. 302 of the Indian Penal Code, and the sentence of death passed on him by the Sessions Judge of Rohtak (August 15, 1942).

The validity of the conviction was challenged before the Board on two grounds, namely, (1.) that the appellant had been illegally arrested ; and (2.) that the court which tried him had no jurisdiction to do so. The following facts are taken substantially from the judgment of the Judicial Committee. First, with regard to the arrest of the appellant, he was not a British subject, but was a native of the State of Jind, in which he resided. The murder with which he was charged was committed in a train while it was running between two stations on the Southern Punjab Railway within the State of Jind. By an agreement entered into between the British Government and the State of Jind in 1900 the Rajah ceded to the British Government " full and exclusive power and jurisdiction of every kind over the lands in the said State which " are or may hereafter be occupied b