SHEIKH YUSUF Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of five persons, who were convicted and sentenced by a first class Magistrate as follows: all five under Section 148, Penal Code, to one year's rigorous imprisonment each, Hanif, Halim, Ishaque and Alauddin to a further three months each under Section 828, and Yusuf to a further six months under Section 824, these additional sentences to run concur, rently. Upon appeal the learned Sessions Judge of Monghyr has merely modified the convictions upon Hanif, Alauddin, Halira and Ishaque, substituting convictions under Section 147, Indian Penal Code, and reducing the sentences to six months.

(2.) The prosecution case was that on 9 December 1944, the informant Mohiuddin was sleeping at his khalihan. When he awoke, finding that two of the petitioners were removing his crops, while the other three were standing in front of him, he got up, and gave the petitioner Hanif a lathi blow on his mouth and then ran away. The four petitioners, except Hanif, then gave chase, and assaulted him. Yusuf was said to have used a bhala, Halim a bana, and the rest lathis.

(3.) The defence was that Mohiuddin had been caught with a village girl, Sogra, and had consequently been assaulted by the villagers.