KARI SINGH Vs. JFINCH

JUDGEMENT

(1.) In this case, the accused, Kari Singh, who is the petitioner before us, was put on his trial before Maulvi Najum-ud-din, an Honorary Magistrate, on a charge under Section 147, Indian Penal Code. In the course of that trial, he presented a petition to the District Magistrate of Monghyr for a transfer of the case to another Court on the ground that he would not get a fair and impartial trial before the Honorary Magistrate. Paragraph 5 of that petition was as follows: That on the 17th Jane last, on the date fixed for hearing of this case, Mr. Macpherson and the Manager of Manjhoul Kothi, where some properties of the trying Honorary Magistrate have been leased out, came to the Court of the trying Magistrate and had some private talk with the Honorary Magistrate and the petitioner apprehends that the Manager of the Manjhoul Kothi was brought to put additional pressure on the trying Magistrate to induce him to convict the petitioner and that he cannot get a fair and impartial trial in that Court or in any other Court in Beguserai."

(2.) The accused was charged under Section 499 of the Indian Penal Code with defaming Mr. Macpherson and also the Manager of Manjhoul Kothi (Mr. Finch) and has been in each case convicted and sentenced to pay a fine of Rs. 100 or in default to undergo three months rigorous imprisonment. The accused made two applications to this Court in revision, one in each case. For some reason, a Rule was issued only in Mr. Finch s case, the question in Mr. Macpherson s case being left over for further consideration until after the disposal of the Rule so issued.

(3.) It has been found as a fact that the allegation above set out was untrue to the knowledge of the accused, inasmuch as neither of the gentlemen in fact came to Beguserai on the day alleged or had any conversation with the trying Magistrate.