Decided on June 19,1901



- (1.) It appears that on the 15 of May last, a serious riot took place in the village of Amlabo, of which the petitioner is the proprietor. He himself resides at Dacca, and it is not alleged that he had personal cognizance of the occurrence. It is stated, however, and may be taken as found, that his naib or agent Madhub Rai, who, according to the prosecution has been absconding since, aided and abetted the riot.
(2.) The petitioner was prosecuted under Section 154 of the Indian Penal Code before the Sub-Divisional Magistrate of Naraingunge, who, on the authority of a case in the Allahabad High Court to which I shall presently refer, has Convicted and sentenced him to pay a fine of Rs. 1,000, the maximum penalty provided in that section. On the question of the part taken by the naib the Magistrate expressed himself as follows: It is proved that he actually accompanied the rioters, and that, after the riot, he has been absconding, that the rioters were tenants of his tahsil and peons in his employ, that deceased was a man who had offended the naib in various ways by complaining against him to his landlord, by refusing to pay rent, and by encouraging one Jalil to bring a case against one of the naib's men, Abir, who had under a lease granted by the naib cultivated land in Jalils possession." He also found that the petitioner had no knowledge of or concern in the riot.
(3.) On appeal the Sessions Judge affirmed the conviction. But as the naib was not on his trial, the learned Judge naturally and properly made a reservation in these terms " He (the agent) is supposed to have abetted it (the riot), and it is possible he was present, but that is a question which has not as yet been decided." Assuming, however, the finding of the Magistrate to be correct there can be no question that the naib was directly concerned in the riot.;

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