CHHAKARI SHAIK Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Chhakari Sheikh, has been convicted under Secs.147 324/149, Indian Indian Penal Code, by the Additional Sessions Judge of Khulna in agreement with the verdict of the majority of the jury, the jury being divided in the proportion of 5 to 4, and sentenced under Section 324/149, Indian Penal Code, to undergo rigorous imprisonment for 3 years. There was a further charge for an offence under Section 302/149, Indian Penal Code, in respect of which the jury unanimously found him not guilty and the learned Additional Sessions Judge has acquitted him of that charge.

(2.) The three charges aforesaid ran as follows.

(3.) First: that you on or about the 4 day of June at Banisanta Abad committed rioting as a member of an unlawful assembly with the common object of enforcing a supposed right over the lands of Biraj, tenant of Purna Mandal, by driving away Srimanta, Biraj and others with force, and thereby committed an offence under Section 147, Indian Penal Code, read with Section 149, Indian Penal Code.