MAHARAJ BUX Vs. REX

JUDGEMENT

(1.) The applicants were prosecuted along with Abu Turab under Sections 147 325 and 323, Penal Code. The trial Court, S. D. M. Sultanpur, convicted the applicants and acquitted Abu Turab. They appealed against that decision to the Sessions Judge of Fyzabad who refused to interfere with their conviction of sentences, so they have come up to this Court in revision.

(2.) The ground which forms the backbone of the revision is that the learned Sessions Judge has not written a proper judgment in appeal. This ground is well founded and is sufficient to invalidate the judgment.

(3.) The case for the prosecution in brief was as follows: There are two step brothers Zargham Ali Khan and Abu Turab who live in village Baharpur. There is no love lost between them Zaigham Ali Khan let out some plots to Anand Bahadur Khan who sublet them on "betai"' to Behari. On 18-3-1948, Anand Bahadur Khan and his father Jang Bahadur Khan went to receive their share in the produce from Behari. They were waylaid by the 16 applicants and Abu Turab Khan who attacked them with lathis the defence was that Zaigham Ali Khan and his men damaged Abu Turab's arhar, that Abu Turab protested and that Zaigham Ali Khan assumed the aggressive and attacked him. So there was a fight between the party of Zaigham Ali Khan and that of Abu Turab and the latter acted in self-defence.