NAGENDRA NATH BHOWMIK Vs. KING

JUDGEMENT

(1.) This is an appeal by six persons who were convicted of an offence under Section 395 (2), Calcutta Municipal Act, and each sentenced to pay a fine of RSection 1000 and in default of payment each was directed to undergo simple imprisonment for five months Under Section 395 (2)/488.

(2.) The six accused persons are shebaita of a deity. It appears that all six were minora and proceedings seem to have been taken against them through their mother as a kind of guardian ad litem. There is nothing on the record to show what the age of these six persona were, but it i8 unnecessary to conaider whether they could or could notice be guilty of any criminal offence because the appeal can be disposed of on other grounds.

(3.) The section creating the offence of which they were convicted is Section 395 (a), Calcutta Municipal Act, which is in these terms :