Tangail Case. The Empress versus Ram Kumar Chakravarty Sub-Inspector of Tangail in Mymensingh. Appeal Disposed of by the High Court on the 23rd March 1888

2. For that upon the evidence on the record and under all the circumstances of the case the learned Sessions Judge ought to have held that your petitioner was not guilty of the supplementary charge under Section 342 of the Indian Penal Code. [...] Apart from the evidence of the witnesses for the prosecution there is much in admitted facts and in the evidence of witnesses for the defence to show that eleven persons were marched off in the actual custody of the police all the way from Santosh to the Tangail Thannah. [...] The Assessors are of opinion that though the section is applicable to the case of a police officer still in this particular instance a conviction thereunder is unsustainable because the Sub-Inspector was not acting " in the exercise of his authority." I venture to think that the words mean " in the assumed exercise of authority " and it is not necessary that the accused should have explicitly s [...] 3. That the complaints against the said Ram Kumar Chakravarti were lodged before the District Magistrate of Mymensingh on the 23rd June 1887 and the District Magistrate of Mymensingh transferred the said complaints to the Sub-Divisonal Officer of Jamalpore for preliminary enquiry. [...] That I am informed and verily believe that the record of the case has been called for by the Government of Bengal in consequence of the serious charges against the Sub-Divsional Officer Babu Sasi Shekhar Dutt that had been brought to light during the course of the trial and consequently there is every likelihood of the hearing of the appeal being delayed ; that the said record is not now in