Before Ellis, and Ispahani, JJ.
SATISH CHARAN DAS alias ABINASA CH. DAS– Accused.
Criminal Revision No. 275 of 1949, decided on 22nd December, 1949, from the order of the Assistant Sessions Judge, Jessore.
Penal Code (XLV of 1860), Ss. 307 and 326 – Accused’s plea that offence was committed in sudden fit of anger – Grave and sudden provocation – Not proved – Sentence.
Where there was absolutely nothing at all on the record to substantiate any plea either that the offence was committed in a sudden fir of anger or that it was committed under grave and sudden provocation, the Assistant Sessions Judge could not use the plea as a ground for inflicting a wholly inadequate punishment upon the accused. [pp. 22-23.].
Deputy Legal Rememberancer, for Crown.