SAMI AIYA Vs. KING EMPEROR

JUDGEMENT

(1.) In this case the accused were charged with being members of an unlawful assembly, rioting, hurt and theft. The 2nd Class Magistrate acquitted them on the charge of theft on the ground that they have acted without dishonest intention. He convicted them on the other charges.

(2.) The accused appealed. On appeal the Deputy Magistrate was of opinion that on the facts as found by the 2nd Class Magistrate, the offence of theft must be held to have been committed and that the offence committed by the accused amounted to dacoity, and he committed them to Sessions.

(3.) One of the facts as found by the 2nd Class Magistrate was that the accused had acted without dishonest intention. The finding of the Deputy Magistrate, in the face of this, that the accused must be held to have committed theft, cannot possibly be supported, the Public Prosecutor, in fact, did not attempt to support it.