MUHAMMAD IBRAHIM Vs. EMPEROR

JUDGEMENT

(1.) THIS order will govern the disposal of the Criminal Revisions Nos. 47-B to 63-B of 1928 also.

(2.) THE counsel for the Muhammadan applicants says that they were improperly prosecuted as aggressors and rioters. The argument is that the Hindus had assembled at the Padamtirth to take out kamdees of the tajias immersed there, and thereby wounded the religious feelings of the Muhammadans, and that they themselves were prompted to go there by their desire to retaliate what they call, was a provocating action of the Hindus. On the other hand, it is contended on behalf of the prosecution that the Hindus had gone to the Padamtirth for the performance of their usual evening ablutions, sandhia and prayers at the bank of the sacred tirth, that this act of assembling on the banks of the tirth for the performance of such religious duties on the part of a small orthodox section out of the large Hindu populace of the town was not unusual and afforded no proof of an intention to commit riot; that amongst the people so assembled were persons such as, school masters, patwaris and others who were on their way home from Court, office or their usual places of business, and that their stoppage at the tank must be to enjoy rest on the way after the day's toil and labour, and not to further any premedtiated common object of taking out the kamdees of tajias from the tank, as insinuated by the Muhammadans, much less to get themselves involved in a fight. The prosecution, therefore, suggests that from the mere presence of a large crowd of Hindus at the tirth no inference, that they assembled in a mood to take out the kamdees from the tank and thus give further cause for provocation to the Muhammadans, could be drawn.

(3.) THE Circular lays down the necessity of taking down word for word the information in every cognizable case, and the substance only with sufficient detail in the ease of a non-cognizable offence. The words of Section 154, Criminal P.C. are also clear: Every information relating to the commission of a cognizable offence, if given orally ... shall be reduced to writing .... and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it ....