EMPEROR Vs. KUMERA

JUDGEMENT

(1.) This is an application by the Local Government against an order made by the learned Additional Sessions Judge of Aligarh setting aside an order made by a Magistrate of the First Class requiring four persons to give security for good behaviour in consequence of proceedings under Section 110,. Criminal P.C.

(2.) Twenty witnesses were produced for the prosecution including both Hindus and Mahomedans who are respectable zamindars and mahajans. The evidence for the prosecution was to the effect that the accused are habitual thieves and burglars and that they belong to one gang and commit thefts together and that the people of Jalali, where they reside, are constantly complaining about their committing thefts. The Magistrate came to the following conclusion: I have considered and weighed the evidence on both sides carefully and I am perfectly satisfied with the prosecution evidence that all the accused belong to one and the same gang and habitually commit theft and burglary and that the whole town of Jalali and the people in the neighbourhood are tired of them and live in terror of them.

(3.) He accordingly ordered them to furnish security for good behaviour and they appealed.