BABBON SHAIKH Vs. EMPEROR

JUDGEMENT

(1.) In this case a Rule has been granted calling on the District Magistrate to show cause why a conviction of the petitioner of an offence of rioting under Section 147, Indian Penal Code, should not be set aside on two of the grounds mentioned in the petition. The first, of these is that the trying Magistrate held a local enquiry and was influenced by certain things he saw there, and imported his knowledge of what he had seen into his judgment in disposing of the case, the second that the common object stated in the charge was different from that found by both the lower Courts.

(2.) The second objection may be very shortly dealt with. The common object charged was by means of criminal force to obtain possession of the Kill-khana lands belonging to one Ghisa Alia. The lands so referred to comprised a 15 cottas plot and a 5 cotta plot; the offence was found to have been committed to obtain possession of the 5 cotta plot only. As the 5 cotta plot was included in the Kill-khana lands we have no hesitation in holding that this fact creates no such variance between the common object alleged and that proved, as will invalidate the conviction. As far as this part of the Rule is concerned, it must, therefore, be discharged.

(3.) The first ground, however, requires fuller consideration.