RAMDAYAL Vs. EMPEROR

JUDGEMENT

(1.) THE judgment in this appeal will govern the disposal of Criminal Appeal No. 266 (Mohanlal v. Emperor), Criminal Appeal No. 271, (Baahhusingh v. Emperor) and of Criminal Reference No. 385 of 1928 (Emperor v. Harilal).

(2.) SEVEN accused were prosecuted for rioting and for offence committed in the course of the rioting. The three applicants have been convicted. Harilal was acquitted by the jury which tried one of the offences, and the Judge disagreeing with the Jury has referred the ease; the remaining accused were acquitted.

(3.) I hold, then, that the evidence on which the Sessions Judge relies furnishes a fairly correct account of the manner in which the witnesses received their injuries. I believe also that the witnesses would be certain to mention the names of any of their assailants whom they recognised. It is however, prima facie not improbable that if a witness recognised none of his assailants he might mention the names of persons whom he thought likely to have taken part in the assault, or if he recognised some assailants, might add the names of such other persons.