EMPEROR Vs. HASRAT MOHANI

JUDGEMENT

(1.) This is a reference under Section 307, Criminal Procedure Code, by the Sessions Judge of Ahmedabad.

(2.) The accused in this case was charged in respect of three speeches : two of these speeches were made by him at a meeting of the Indian National Congress, and the third was made by him as the President of the All-India Moslem League in December last at Ahmedabad. In respect of the first two speeches he was charged under Section 124A, and in respect of the third under Secs.124A and 121, Indian Penal Code. The offences under Section 124A were triable with the aid of assessors and the offence under Section 121 was triable by a Jury in that district. He was accordingly tried by the Sessions Judge and a Jury in respect of the offence under Section 121 and with the aid of the jurors as assessors as regards the other offences, The Jury returned a verdict of not guilty under Section 121 and, as assessors, they were of opinion that the accused was not guilty under Section 124A. The learned Sessions Judge was competent to deal with the case so far as it related to Section 124A and, differing from the assessors, he found the accused guilty under that section in respect of all the three speeches, and sentenced him to suffer rigorous imprisonment for two years on each count directing the sentences to run concurrently, There has been no appeal from these convictions and sentences and we are not concerned with that part of the case. The Sessions Judge did not agree with the verdict of the Jury as regards the charge under Section 121 and as he considered it necessary for the ends of justice to refer the case to the High Court he has done so.

(3.) We have to consider the entire evidence in the case, to give due weight to the opinions of the Jury and the Judge, and to decide whether the speech in question offends against Section 121.