EMPEROR Vs. RAHIMATALLI MAHOMEDALLI MULLA

JUDGEMENT

(1.) The appellant before us is one Mulla Rahimatalli Mahomedalli. He was charged before the Second Presidency Magistrate under Sections 153 and 292 of the Indian Penal Code in respect of three writings (Yajidki Id marked A, Sharafalli Mamoojeeka Morcia marked C and Khare Dajjal-Ka Matoom marked (G), Exhibits A and C are said to have been published on or about the 11th and 12th July 1918 respectively and as regards Exhibit G it is said that the offences were committed on or about the 9th of August 1918.

(2.) The trial Magistrate after a prolonged inquiry came to the conclusion that the accused was guilty under Sections 15:3 and 292 of the Indian Penal Code in respect of Exhibit A (Yazidki Id), that he was guilty under Section 153 in respect of Exhibit C (Sharafalli Mamoojika Mercia) and that no offence was established in respect of Exhibit G. The result was that the accused was convicted under Sections 153 and 292 in respect of "Yazidki Id" and sentenced to pay a tine Rs. 1,000 only one sentence being passed in respect of both the offences under Sections 153 and 292, that he was convicted in respect of the pamphlet Sharafalli Mamoojikii Mercia under Section 153 only and sentenced to pay a fine of Rs. 1,000 and that he was acquitted in respect of the charges connected with the pamphlet Khare Dajjalka Matoom. An order was made under Section 106, Criminal Procedure Code, ordering the accused to be bound over to keep the peace for one year in the sum of Rs. 500 with one surety for the like amount.

(3.) The accused has appealed to this Court against these convictions and sentences, and it is urged in support of the appeal that Exhibit A does not in any way offend against the provisions of Sections 153 and 292, that Exhibit C does not offend against the provisions of Section 153 of the Indian Penal Code, that the accused is in no way connected with Exhibits A and C, and that he is in no way responsible for the writing or for the printing of these pamphlets, nor for their distribution.