LexRONALD WOOD MATHAMS versus STATE OF WEST BENGAL.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
216 SUPREME COURT REPORTS RONALD WOOD MATHAMS v. STATE OF WEST BENGAL. (With connected Appeals) [1955] [MEHR CHAND MAHAJAN C.J., s. R. DAS, BHAGWATI, JAGANNADHADAS and VENKATARAMA AYYAR JJ.] Code of Criminal Procedure (Act V of 1898), s. 257-Absence of opportunity to produce defence evidence-Effect of-Court's duty in this respect. If for no fault of the accused reasonable opportunity has not been given to him to adduce his evidence under the imperative provisions of s. 257 of the Code of Criminal Procedure, 1898, there is no fair trial ·and the accused cannot be convicted, even though the prosecution evidence by itself may tend to establish a strong case against him. Rules of procedure designed to ensure justice must be scru· pulously observed and Courts should be jealous in seeing that there is no breach of them. CRIMINAL APPELLATE JURISDICTION : Criminal Appeals Nos. 9, 13, 14 and 15 of 1952. Appeal on transfer after grant of Special Leave by Privy Council on the 13th November, 1947, from the Judgment and Order dated the 14th July, 1947, of the High Court of Judicature at Calcutta in Criminal Appeal No. 350 of 1946 and Appeals under article 134 (l)(c) of the Constitution of India from the Judgment and Order dated the 6th September, 1951, of the High Court of Judicature at Calcutta in Criminal Appeals Nos. 340, 341 and 351 of 1946 and Government Appeal No. 19 of 1946. N. C. Chakravarty, A. K. Mukheriea and Sukumar Ghose for the appellant in Cr. A. No. 9. A. K. Basu, ( Ganpa:t Rai, with him) for the appel- lant in Cr. A. No. 13. A. K. Dutt and Ganpat Rai for the appellant m Cr. A. No. 14. · Sukumar Ghose for the appellant in Cr. A. No. 15. B. Sen, A. M. Chatterii and P. K. Bose for the respondents in all the appeals. t • - J ' -. ' ). - - \ 1 . ' ' S.C.R. SUPREME COURT REPORTS 217 1954. April 22. The Judgment of the Court was delivered by VENKATARAMA AYYAR J.-These are appeals against the judgments of the High Court of Calcutta convicting the appellants on charges of conspiracy to cheat the Government and of bribery. The facts, so far as they are material, may be briefly stated. The appellant, S. K. Dutt, carried on business as a building contractor under the name and style of British India Construction Company. This firm had a branch at Asansol which was, at the material dates, in charge of the appellant, J. K. Bose. In May, 1942, the military took up cons- truction of dumps and roads in this area, and the appellant, R. W. Mathams, who was the Garrison Engineer at Asansol, was put in charge of it, and the ·appellant, P. C. Ghose, was functioning as overseer under him. On or about 10th May, 1942, an order was placed with S. K. Dutt for the construction of dumps at a place called Burnpur near. Asansol. The works were executed in June and July 1942, and sums amounting to Rs. 1,74,000 were paid to S. K. Dutt on account therefor. The case for the prosecution is that this amount was in excess of what was due to him for works actually done, by about Rs. 56,000, and that with a view to avoid the refund of this excess, the appellants entered into a conspiracy, under which S. K. Dutt was to prefer a claim for construction of roads purported to have been carried out in execution of an order which R. W. Mathams was to issue; P. C. Ghose was to measure the road so claimed to have been constructed, and the bill was to be passed for an amount exceeding what had actually been paid. In accordance with this scheme, S. K. Dutt wrote Exhibit 19 on 28th January, 1943, claiming payment for "additional work within the store dump· area" ; R. W. Mathams passed an order bearing date 7th July, 1942, Exhibit 10, placing an order with S. K. Dutt for the construction of roads ; P. C. Ghose prepared the final bill, Exhibit 6, for · Rs. 1,89,458-14-0 on 15th. March, 1943, and the same was passed by R. W. Mathams. It is stated for the prosecution that the ·roads ·alleged to have been cons- : tructed by the appellant; S. K. Dutt, were, in fact, 1954 Ron"aid Wood Mathams v • . Stat•· of West Bengal. V enkatarama Ayyar J. •95~ ·Ronald 'Wood Matkams - 'V. State of 1West Bengal. -· Venkataramo Ayyarj. • 218 SUPREME COURT REPORTS [1955']' constmoted by the military, .and .that the order of R. W. Math.ams bearing date 7th July, 1942, was,. ih .fact, .brought .into existence sometime in March, 19.43. It .is further sta
Excerpt shown. Read the full judgment & AI analysis in Lexace.