QUEEN Vs. KABIL CAZEE AND OTHERS

JUDGEMENT

(1.) The prisoners have been convicted of the murder of Baber Ali Mira, and severally sentenced to transportation for life. The facts are that, on the 25th of Baisakh last about seventy or eighty persons belonging to a dol or party in Mouzah Bhojpore, called the Miras, were proceeding to a feast, to which they had been invited by the widow of Baboo Jan Shurif and Jijir Jan Shurif. They were in a body, beaded by the deceased man Baber Ali Mira. It had been rumoured in the village for some days previously that if the Miras went to the feast, there would be a disturbance.

(2.) At a point where the road divides into two branches, each of which leads to the house to which the Miras were proceeding, they were intercepted by a body of from 100 to 120 men, of the dol or faction of the Cazee, of which the prisoner, Kebil Cazee, is a leader. The Cazees came out of an empty homestead, where they had been seen sitting together in a body under a tamarind tree; many of the Cazees were armed with spears and shields; some with tentas or three-pronged spears used for taking fish. They refused to allow the Miras to pass. After some altercation, one of the Miras called out "mar salaka." The two parties then began to throw clods of earth at each other, and fight with lattees, Baber Ali Mira, who carried a gun, then stooped down and fired amongst the Cazees. On his firing, the Cazees retreated a little. The prisoner, Wahid Ali, separated himself from his party, and went a short way, a witness says some 10 or 15 cubits to the south-west, and sat down. He was wounded by the shot in the feet; and blood was flowing from each foot. The parties again commenced fighting; and in the melee, Baber Ali Mira was stabbed through the heart by a fish spear; and Baboo Allah wounded Kurban severely with a spear on the hip.

(3.) The prisoners appeal. And we have heard Mr. Mackenzie and Baboo Ummoranath Bose on their behalf.