EMPEROR Vs. DEBI SAH

JUDGEMENT

(1.) This matter comes before me for review on a reference by the Special Judge of Muzaffarpur under Section 8(b), Special Criminal Courts Ordinance No. 2 of 1912. The accused Debi Sah was tried with two other persons on a charge under Rule 56 (4), Defence of India Rules. The case against them was that on 15th August 1942, in contravention of an order of the District Magistrate banning processions within the district, they were members of a procession whose object was to raid the thana at Lalgunj and of preventing the payment of Chaukidari tax.

(2.) In support of this case the Sub-Inspector of Lalgunj Police Station was examined and he deposed that Debi Sah was one of the persons in a procession of about four thousand men which was taken out on 15 August for the purposes mentioned above. There was no cross-examination of this witness and no defence evidence in rebuttal of his testimony, with the result that the Special Magistrate who tried the case under the Ordinance found the three accused persons guilty and sentenced them to three years rigorous imprisonment and to pay a fine of Rs. 50 each. Against the conviction by the Special Magistrate there was an appeal under Section 13 of the Ordinance to the Special Judge by Debi Sah.

(3.) The other two accused persons did not appeal. The Special Judge dismissed the appeal of Debi Sah. He then moved the Special Judge to refer the matter to me under Section 8(b) of the Ordinance on the ground that the case involved a queation of special difficulty. Being satisfied that the case did involve such a question the Special Judge made the reference.