JESSARAT Vs. EMPEROR

JUDGEMENT

(1.) This appeal has been preferred by nine persons, Chota Jessarat, Baro Jessarat, Tazer, Gendla, Mazarulla Mistri, Kasim, Genda Fakir, Mohorulla and Amanulla Gachua, who were tried by the Sessions Judge of Rangpur with the aid of a jury. The jury brought in a unanimous verdict of guilty against all the accused under Secs.147 and 366, I.P.C., and against Chota Jessarat, Tazer, Gendla Kasim, Genda Fakir and Mohorulla under Section 457, I.P.C., and against Baro Jessarat Mazarulla Mistri and Amanulla Gachua under Section 457/149, I.P.C. The learned Judge agreeing with and accepting the said verdict convicted the accused in respect of the offences of which they were found guilty by the jury, and sentenced them only under Section 336, I.P.C., the accused Chota Jessarat, Tazer and Gendla being each sentenced to undergo rigorous imprisonment for 7 years, and the accused Baro Jessarat, Mazarulla Mistri, Kasim, Ganda Fakir, Mohoruila and Amanulla Gachua being each sentenced to undergo rigorous imprisonment for 6 years.

(2.) The appellant Kasim died in jail during the pendency of the appeal, and his case is not before us now.

(3.) Of the grounds urged in support of the appeal it is necessary to notice only a few inasmuch as the others either relate to the sufficiency or insufficiency of evidence as supporting a particular finding on a question of fact, or to omissions on the part of the learned Judge to deal specifically with soma conflicts or discrepancies in the evidence-grounds which, even if made out, would not entitle us to interfere with the verdict of the jury.