MOFEZUDDI Vs. EMPEROR

JUDGEMENT

(1.) The two appellants, Mofezuddi and Aizuddi, were placed on their trial before the learned Sessions Judge of Backerganj and a Jury on charges of rioting and other offences. The jury found both the accused guilty of offences under Secs.148, 302, read with 149 and 302, read with 34, of the Indian Penal Code. In addition, Mofezuddi was found guilty under Section 323 and Aizuddi under Section 324, Indian Penal Code, and the learned Sessions Judge, accepting the unanimous verdict of the Jury, has convicted and sentenced the accused.

(2.) The case was a very serious one which resulted in the death of a man named Nehal-ud- din. Eleven of the accused's party were placed on their trial more than a year ago, and were convicted in the Sessions Court. On appeal to this Court) their conviction under section 302 read with Section 149, Indian Penal Code, was set aside and they were all sentenced to undergo three years rigorous imprisonment under section 148, Indian Penal Code.

(3.) The objections taken to the learned Judge's charge in the present case on behalf of the appellants are as follows : It is said in the first place that the learned Judge was wrong in omitting to tall the Jury the offences of which the first batch of accused had been convicted. What ho said was this : "In considering the case against the two accused I must ask you to put of your minds the fact that eleven men have already been convicted for their part in the affair, and you should take this case entirely on its own merits on consideration of the evidence which has been produced before you." I think that was a proper direction. If the Judge had gone further and told the Jury the offences of which the first batch of accused had been convicted and the sentences that had been passed upon them, I fancy objection might very likely have been taken. His duty at that moment was to warn the Jury that the present accused must have a perfectly fair trial, and that the Jury were not to be biassed by the result arrived at in the previous trial.