Full Judgment Text
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PETITIONER:
THAKUR NARWAR SINGH
Vs.
RESPONDENT:
THE STATE OF MADHYA PRADESH
DATE OF JUDGMENT:
02/02/1962
BENCH:
ACT:
Criminal Trial-Offences committed in Princely
State prior to merger with Indian Dominion-If and
when the Indian Penal Code applicable to such
offences-Madhya Bharat Ordinance No. 1 of 1948-
Part 1948-Part B States (Laws) Act, 1951 (3 of
1951) s. 6.
HEADNOTE:
The appellant had committed certain offences
in the State of Jhabua in 1948, when the Jhabua
State was not a part of Dominion of India. He was
tried in 1955 under the Indian Penal Code, for the
offences committed in the erstwhile State of
Jhabua in 1948. The question was whether the
appellant could be tried in 1955 under the Indian
Penal Code for offences committed in 1948 in the
erstwhile State of Jhabusa.
The Raja of Jhabua State by a notification
had made applicable amongst other laws the Penal
Code of India to the State of Jhabua. After Jhabua
State became part of the State of Madhya Bharat,
the Rajpramukh by Ordinance No. 1 of 1948
continued the laws already in force in State of
Jhabua. The Part B States (Laws) Act 1951 (3 of
1951) s. 6 while repealing all the existing laws
of the State inter alia saved the laws dealing
with any penalty, forfeiture or punishment
incurred in respect of any offence committed
against any law repealed.
^
Held, in 1948, when the offences were
committed the
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law in the State of Jhabua was the Indian Penal
Code and that law continued by the Ordinance 1 of
1948 of the Rajpramukh and the repealing Act, in
the Part B States (Laws) Act 1951, and any penalty
incurred in respect of any offence committed in
1948 was punishable under the Indian Penal Code as
applied to Jhabua State.
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION : Criminal
Appeal No. 130 of 1961.
Appeal by special leave from the judgment and
order dated September 26, 1956 of the Madhya
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Pradesh High Court (Indore Bench) At Indore in Cr.
A. No. 8 of 1956.
B.K. Banerjee and Takur Das Taneja, for the
Appellant.
I.N. Shroff, for the respondent.
1962. February 2. The Judgment of the Court
was delivered by
KAPUR, J.-This appeal is directed against the
judgment and order of the High Court of Madhya
Bharat upholding the conviction of the appellant
under ss. 380 and 451 of the Indian Penal Code.
The question for decision is whether the appellant
could be tried in 1955 under the Indian Penal Code
for offences committed by him in 1948 when the
State of Jhabua, in which the offences were
committed, was not a part of Dominion of India and
whether the State Penal Code did contain any
provision corresponding to the Sections of the
Indian Penal Code under which the appellant has
been convicted.
In Jhabua State there is Thikana Jhaknawda
which was a Jagir. Its thakur, Thakur Narayan
Singh, died on November 11, 1945, without leaving
a son. His two widows adopted Gajendrapal Singh,
the second son of His Highness the Raja of Jhabua
on July 15, 1946. Representations made by the
appellant claiming the succession to the Thikana
were rejected by His Highness. His further
representation to the then Political Agent was
also
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rejected. It is alleged that the appellant entered
in a conspiracy with about 150 persons and on
January 18, 1948, forcibly entered the Thikana and
took possession of it and remained in unlawful
possession for about 7 months when he gave up the
possession. The prosecution against him and 15
others under ss. 121, 295 and 455 of the Indian
Penal Code started on October 7, 1955. He was
convicted under ss. 451 and 380 of the Indian
Penal Code but all the other accused persons were
acquitted by the Sessions Judge. Against his
conviction the appellant took an appeal to the
High Court but his appeal was dismissed and he has
come in appeal to this Court by Special Leave.
When the appeal was heard on January 9, 1962,
the question whether the appellant could be tried
in 1955 under the Indian Penal Code for offences
committed in 1948 in the erstwhile State of Jhabua
and whether there were similar provisions in the
penal laws of that State at the time of the
commission of the offences was raised. As this
question had not been raised in any of the courts
below we adjourned the hearing of the appeal to
enable the parties to place the necessary material
before us. The argument was confined to this
question only as we did not find any substance in
any of the other points in the appeal.
According to the Report of the Council of
Administration on the administration of Jhabua
State for 1935-41 p. 48, the then Raja of Jhabua
State by notification applied amongst other laws
the Penal Code of India to the State of Jhabua. By
Ordinance 1 of 1948 issued by the Rajapramukh
after the State of Jhabua became part of the State
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of Madhya Bharat which was replaced by Regulation
of Government Act (Act 14 of 1948) the laws
already in force in Jhabua were continued in that
part of the State of Madhya Bharat. On February
22, 1951, the Part B States (Laws) Act, 1951, (Act
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III of 1951) was enacted. Section 6 of that Act
related to repeals and savings. It provided:
"If immediately before the appointed
day, there is in force in any Part B State
any law corresponding to any of the Acts or
Ordinances now extended to that State, that
law shall, save as otherwise expressly
provided in this Act, stand repealed:
Provided that the repeal shall not
affect,
(a) the previous operation of any law
so repealed or..................
(b) any right, privilege, obligation or
liability acquired, accrued, or
incurred, under any law so repealed
(c) any penalty, forfeiture or
punishment incurred in respect of
any offence committed against any
law so repealed......
and any such.........remedy may
be........enforced........and any such
penalty........may be imposed as if this
Act had not been passed."
Thus it is clear that in 1948, when the offences
were committed by the appellant, the law in the
State of Jhabua was the Indian Penal Code and that
law was continued by the Ordinance of the
Rajpramukh and the Repealing Act and any penalty
incurred in respect of any offence committed in
1948 is punishable under the Indian Penal Code as
applied to Jhabua State.
This appeal is therefore without force and is
dismissed.
Appeal dismissed.
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