REAZ-UD-DIN SHAIKH Vs. EMPEROR

JUDGEMENT

(1.) There having been a difference of opinion in this case between Chatterjee and Munro, JJ., it has been referred to me under Section 429, Criminal Procedure Code.

(2.) There are three appellants in the case, viz., (1) Eman-ud-din. (2) Tajar-ud-din and (3) Reaj-ud-din. There were five accused in the trial i.e., the three appellants above-reamed and Alim-ud-din and Nehal-ud-din. These two latter have been acquitted by the Judge and Jury while the remaining threre (the present appellants) have been convicted and sentenced as follows: (1) Reaj-ud-din has been convicted under the latter, portion of Section 304, Indian Indian Penal Code, and also under Section 326, Indian Penal Code, and sentenced to transportation for 10 years Under the latter portion of Section 304, Indian Penal Code, no separate sentence having been passed under Section 326, Indian Penal Code: (2) Eman-ud-din and (3) Tajar-ud- din have been convicted under Section 324, Indian Penal Code and each sentenced to rigorous imprisonment for three years.

(3.) The charges framed against the five accused were as follows: (1) Reaj-ad-din was charged under Secs.148, 304 and 326, Indian Penal Code, (2) Eman-ud-din was charged under Secs.148, 304/149 and 324, Indian Penal Code, (3) Tajar-ud-din was charged under Secs.148, 304/149, Indian Penal Code,(4) Alim-ud-din was charged under Secs.147, 304/149 and 323, Indian Penal Code (5) Nehal-ud-din was charged under Secs.147 and 300/i49, Indian Penal Code.