BABU RAM Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision against a conviction of the applicant under Section 336 of the Indian Penal Code and another conviction under Section 19(f) of the Arms Act. The sentence was one of two months rigorous imprisonment and Rs. 50 fine under the former conviction and one of two months rigorous imprisonment under the latter, the sentences of imprisonment running concurrently.

(2.) The charge against the applicant under Section 336 of the Indian Penal Code, as it is to be found in the charge-sheet, is as follows : "You on or about the 10th day of Mohurrum this year at 4 p.m. or after threw bricks from your roof and fired a gun from the same roof in such a rash manner that it endangered human lives of persons who were passing on the roads near about your mohalla."

(3.) The learned Magistrate, who convicted the applicant in his judgment stated as follows : "The evidence showed that there was a communal riot in the city of Pilibhit in different parts of it. The accused threw brick-bats at the Muhammadans who where passing by the lane close to his house and not only this but he fired two shots at them from his house but fortunately no one was hit." At another place the learned Magistrate said : "I am inclined to think that it was for these reasons only that the shot missed the aim and nobody was hit or killed."