Devkishindas vs The King Emperor

Srinivasa Varadachariar, J.—In cases which are compul-sorily reviewable and in cases which have been submitted for review the sentences

become final only after the review is over).

Manghanmal Bhojraj in reply. The case is entirely covered by the ruling of this Court in Piare Dusadh and Ors. v. The King Emperor , (1944)

F.C.R. 1.

Sir Brojendra Mitter, Advocate-General of India, (H. K. Bose with him) for the Governor-General in Council.

Feb. 17. The judgment of the court was delivered by Spens C. J. The Appellant arid five others were convicted at a trial held under the

provisions of Ordinance No. II of 1942, by the Special Judge, Karachi, on charges of criminal conspiracy to commit various offences ; three of

them, not including the Appellant, being also convicted on charges of substantive offences, and were sentenced to five years'' rigprous

imprisonment each in the case of the Appellant and two others, and to nine years'' rigorous imprisonment each in the case of the remaining three.

The judgment of the Special Judge was pronounced on the 27th May, 1943, and he submitted the case for review under Section 8 of the

Ordinance on the 29th May, 1943. Ordinance No. XIX of 1943 was promulgated before the review could be completed. The convicts preferred

appeals under Section 3(2) of that Ordinance to the Chief Court of Sind. The appeals were dismissed on the 9th September, 1943. The Appellant

alone has come up to us on appeal on a certificate under Section 205 of the Constitution Act granted by the Chief Court. This case is similar to R.

Subbarayan and Ors. v. The King Emperor, (1914) F.C.R. 161: (Case No. LVII of 1943) in which we have just delivered judgment. Following

our decision in that case, the proceedings had in this case before the Special Judge, Karachi, must be treated as void and the case must be deemed

to be transferred to the appropriate court under Section 4 of Ordinance No. XIX of 1943, for inquiry and trial in accordance with the provisions

of the Criminal Procedure Code.

The appeal is allowed and it is declared that in place of the order of the Chief Court confirming the conviction there shall be substituted an order

directing further proceedings to be taken in accordance with the provisions of Section 4 of Ordinance No. XIX of 1943.