EMPEROR Vs. MOFIZEL PEADA

JUDGEMENT

(1.) This is a Reference by the learned second Additional Sessions Judge of the 24 Pergannahs in the case of Mofizel Peada: and the learned Judge has recommended that he should be convicted under Section 302 of the Indian Penal Code.

(2.) There were 13 persons involved in the charge, all of whom, with the exception of Fazal Zamindar, ware convicted of an offence under Section 147, I.P.C. Mofizel Peada was found not guilty under Secs.302 and 342 read with Section 109, but the jury found him guilty of an offence under Section 147 and also of an offence under Section 304 (A).

(3.) Dhanu Peada was found not guilty of an offence under Section 802 read with Section 109 and also of an offence under Section 342 read with Section 109: but, as I have already said, he was found guilty under Section 147, I.P.C.