MUHAMMAD HASAN Vs. KING-EMPEROR

JUDGEMENT

(1.) The applicants Mohommad Hasan and Mujai were convicted by a Magistrate of the 1 Class under Section 426, I.P.C., and Mohammad Hasan was ordered to pay a fine of Rs. 51, and in default of payment of fine to undergo six months simple imprisonment, and Mujai was, sentenced to a fine of Rs. 315, and in default of payment of fine to undergo three months simple imprisonment. The conviction and the sentences have, on appeal, been upheld by the learned Judge.

(2.) I am far from holding that the judgment of the learned Sessions Judge is satisfactory in every respect, and it appeared to me at one stage of the argument of the learned Counsel for the applicants that the judgment is not in accordance with the requirements of Section 367(1), Criminal P.C., and that in view of the decision reported as Sunhri V/s. Emperor [1921] 19 A.L.J. 921, I must safe aside the decision of the learned Sessions Judge, and remand the case back to him with a direction to record a proper judgment in the case. But on a further consideration I have come to the conclusion that the judgment of the learned Sessions Judge, though not entirely satisfactory, is one that complies with the requirements of Section 367(1), Criminal P.C.

(3.) The points that appear to have been argued before the learned Sessions Judge were as to whether or not the branches of the complainant's trees had been cut; and if they were cut did the applicants before me cut these branches. On both points the learned Sessions Judge has recorded a finding adverse to the applicants. The learned Judge has further noted that he had been through the record, and I must take it that his findings on the points noted above are based on a consideration of the entire evidence in the case. The case is a petty one and already much public time has been wasted over it. The findings of the learned Sessions Judge conclude this application which must be rejected.