GANGADHAR GOALA Vs. RWLREED

JUDGEMENT

(1.) In this case the accused, a European British subject, was placed on his trial before the Deputy Commissioner of Cachar on a charge of having voluntarily caused grievous hurt by means of a revolver to one Gangadhar Goala. The trial was by a Jury of five Europeans and resulted in the acquittal of the accused. The Local Government having destined to prefer an appeal, the case comes before us on an application in revision made on behalf of the complainant, Gangadhar.

(2.) This application is made substantially on the ground that the trial has been vitiated by serious irregularities in procedure, and by the failure of the presiding Magistrate to sum up the case to the Jury in any adequate manner.

(3.) The accused, one R.W.L. Reed, is the Assistant Manager of a Tea Garden named Khoreal. Gangadhar is a cooly in that garden and has a daughter named Hira, some 13 or 14 years of age. It fa said that on the 18 of May the accused made immoral proposals to this girl Hira, and also approached the father on the subject. The case for the prosecution then is, that having failed in his advances, eventually on the 25 of May at about 10 P.M. he went in person to the house of Gangadhar to call the girl. A disturbance ensued and the accused used his revolver, firing first at Hira's brother Nepal and then, on the arrival of the father, at the father, hitting him on the right arm and then on the chest.