TUFAIL AHMAD Vs. EMPEROR

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Meerut, recommending that the conviction of seven persons, Tufail Ahmad and others, may be set aside and the fine inflicted upon them may be remitted, on the ground of misjoinder of parties in the trial.

(2.) It appears that at Ghaziabad the two festivals of Shabbarat and Dulendi fell on the same day and the same evening, A sort of arrangement was agreed upon, to the effect that the firing of fire-works should be stopped till the procession of Dulendi passed off. It appears, however, that this arrangement was not adhered to, and some people, fired off fire-works, and thereby caused more or less damage and injury to the person and property of the public. On a complaint being made by one Babu Har Saran Das and others, a report was called for, and, in the result the learned District Magistrate tried the case against thirteen persons, some of whom were acquitted by him. He convicted ten persons of an offence under Section 286 of the Indian Penal Code, seven of whom are before this Court. The applicants went to the Court of the learned Sessions Judge and the plea was taken that the trial was vitiated by the fact that different people committing the offence were tried together. The learned Sessions Judge having decided to send up the case to this Court for the setting aside of the conviction, called upon the District Magistrate to submit an explanation, if any. The District Magistrate, on reconsideration, accepted the view taken by the learned Sessions Judge and expressed the opinion that he was wrong in having tried the ease summarily. He suggested, however, that the ease might be sent back for retrial, so that all the convicted persons might be sent up for trial to the Court of session on charges of rioting and arson.

(3.) In support of the conviction Mr. Boys appeared. An exception was taken to his appearance, on the ground that as this was a criminal ease and as there was no appearance on behalf of the Crown, Mr. Boys had no right to appear.