MIR MOZE ALI Vs. EMPEROR

JUDGEMENT

(1.) This Rule was issued at the instance of a head constable Mir Moze Ali and a constable Belat Ali. The former has been convicted under Section 384, Section 342 read with Section 114 : Section 354 read with Section 109, Section 323 read with Section 109 and Section 448 of the Penal Code, while the latter has been convicted under Section 384 read with Section 109, and Sections 354, 323, 448 and 842 of the Penal Code. Eassh of them has been sentenced to undergo six months rigorous imprisonment.

(2.) In the Rule issued by us the District Magistrate was asked to show cause why the convictions should not be set aside, or an order passed directing that the petitioners be committed for trial to the Court of Session.

(3.) The facts are as follows: In September ah dacoity was committed in a village within the jurisdiction of Uzirpur Thana, to the staff of which the petitioners belong. A man named Golam Ali was arrested and he made a confession implicating one Dalai Khan. The investigating Sub- Inspector was very anxious to arrest this Dulal Khan, as well as other men named by Golam Ali. He went to the village of Chandipur, and found Baru Bibi, the wife of Khurshed, at the house of her father Raham Ali. It was reported that this woman had an intrigue with Dulal Khan, and she was questioned. It is alleged that a serious incident took place at Chandipur but we are not concerned with that. She was sent from Chandipur to Bauikhali to the house of her husband Khurshed, and it is there that the alleged occurrence, which forms the subject-matter of these proceedings, took place on October 15.