TINY Vs. STATE

JUDGEMENT

(1.) This is an application in revision by twenty-four persons who have been convicted by a learned Magistrate, first class, of Azamgarh of offences punishable under Sections 147 and 323/149 I.P.C. Every one of them has been sentenced to pay a fine of Rs. 30/- under the former section and a further fine of Rs. 20/- under the latter section.

(2.) The applicants filed a revision in the Court of the learned Sessions Judge of Azamgarh. But that revision was summarily dismissed. They have now come up to this Court in revision.

(3.) The charge which the trial Court found proved against the applicants is that they formed an unlawful assembly on the 31st of January 1950 in the evening in village Muzaffarpur, police station Kandharpur in the district of Azamgarh, of which the common object was to give a beating to Ali Ahmad and his companions and that in prosecution of the said common object they committed rioting and caused hurt to Ali Ahmad and five other persons. The trial Court held that the first two applicants, viz., Tiny and Gul Mohammad, actually caused injuries. It is not proved that the remaining 22 applicants or any one or more of them actually caused any injury. What is proved is that the unlawful assembly of which the remaining 22 applicants were also members did cause injuries to Ali Ahmad and his companions and that these injuries were caused in prosecution of the common object. These findings of fact cannot be challenged in these proceedings.