KUDRUTULLA Vs. EMPEROR

JUDGEMENT

(1.) This was a Rale calling upon the District Magistrate of Rangpur to show cause why the convictions and sentences passed on the petitioners should not be set aside on three grounds.

(2.) The first ground is that the charge was defective, inasmuch as no common object was specified therein. The second ground is that there should have been a de wow; trial, the right to it never having been waived. The third ground is that the learned Deputy Magistrate should not have rejected the accused s prayer of the 27th November for calling for three witnesses who would have proved the entire falsity of the prosecution story.

(3.) The case was a very simple and ordinary one, and though there may have been technical defects, we do not think any of the irregularities alleged have caused any prejudice to the accused persons. The complainants are joint iiaradars of a certain hat, and one of them got into an altercation and scuffle with one Kudrutulla, a lemon-seller, on the 8th August. The next hat day, the 12th August, Kudrutulla brought 15 or 20 men with him armed with bamboo lathis and attacked and wounded the complainant and his friends and relations.