MOHAMUDKHAN Vs. EMPEROR

JUDGEMENT

(1.) The applicants, Mohammad Khan, Abdulla Khan, Ibrahim and Imamshah were all convicted and each sentenced to undergo 15 days, 4 months and 6 months rigorous imprisonment, running consecutively, under S3.34.1,148 and 296, Penal Coda respectively by the First Class Magistrate, Malkapnr. In the same trial Abdul Razzak, the applicant in Criminal Revision No, 276 of 1947, was similarly convicted and sentenced. In appeal, the First Additional Sessions Judge, Akola, maintained the convictions but ordered the sentences to run concurrently. The applicants have all now come up in revision to this Court and it may here be added that their co-accused Bhikan,. Abdul Rauf and Rasulshah were acquitted in the trial Court.

(2.) The prosecution case was, briefly stated, as follows. On the night of 20 September 1946, the Mahara of Dhamangaon, Malkapur taluq. Buldana district, took out their yearly Samapti procession and were proceeding by the customary route in front of the mosque when they were stopped by the accused, prevented from going by that route and threatened with attack if they did so. They accordingly diverted their procession and went by a route behind the mosque.

(3.) The applicants all denied that they had interfered in any way with the processionists on the night in question and the applicant Abdul Razzak added that he as police patel was in the middle of the procession in order to maintain order. He also stated that he did not know on which side of the mosque the procession used to pasa in previous years. The agreement (Ex. P 5) of 1944, on which the accused relied, related to the Balaji Sansthan and under its terms the procession to that temple was permitted to pass on tbe road in front of the mosque hut without music. The Mahars were not parties to that agreement and Balaji Sansthaniwa,s entirely different from the Mahar Sansthan; but even if they were bound by that agreement, they had not contravened it on the night in question and had stopped the music before they reached the mosque.