Privy Council Court January 1944 Judgments
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Parbhu Vs. Emperor
Court: Privy Council
Decided on: Jan-26-1944
Lord Macmillan: At the conclusion of the arguments in this case on 26th January 1944, their Lordships announced that they would humbly advise His Majesty that the appeal be dismissed. They now state their reasons for this advice. On 15th August, 1942, the Sessions Judge of Rohtak in British India found the appellant guilty on a charge of murdering his uncle Nanhu. The appellant was sentenced to death and on appeal to the High Court of Lahore the conviction and the sentence were confirmed. On a petition to His Majesty in Council special leave to appeal in forma pauperis was granted to the appellant. The validity of the conviction was challenged before their Lordships on two grounds, viz., (1) that the appellant had been illegally arrested; and (2) that the Court which tried him had no jurisdiction to do so. 1. For the appreciation of this point a short narrative of the facts is necessary. The appellant is not a British subject, but is a native of the State of Jind in which he resided. T...
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