ISRAIL KHAN Vs. THE STATE

JUDGEMENT

(1.) THE petnr. Israil Khan @ Babua was ordered to be externed from the Province of Assam for a period of five years by the order of the Mag., 1st Class, Dibrugarh, dated 18 -8 -1949. On appeal, the learned Ses. J., UAD, modified the order of externment by reducing the period of externment from 5 to 3 years.

(2.) THE petnr. has assailed the correctness of the orders of the Cts. below on several grounds by a petu. Under Sections 435, 439 and 561A of the Cr. P. C

(3.) A protracted inquiry folld. No less than 106 witnesses were examined in support of the prosecution case. Israil Khan produced 61 witnesses in his defence. As a result, an externment order Under Section 17 of the Act was passed as stated above.