9911796707
TMI Blog1917 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... Court to abdicate its functions and in present conditions in India must necessarily result in denials of justice. Every such application should, in my view, be considered on its own facts. 2. As to the merits on the evidence of the acquittal with which we are now concerned it is unnecessary and in my opinion undesirable to express any decided opinion. 3. It is sufficient to show that the decision of the Magistrate is vitiated by a series of misconceptions which pervade his judgment. 4. He has misappreciated the whole of the evidence regarding the position of Chawk No. 3, and it is not enough to say that if we substitute Fulchara for Chawk No. 3 the error is corrected. That argument overlooks the contention that in Fulchara north of do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion as to the site of the seizure. Apart from the misconceptions under which he was labouring, and certain suggestions seemingly unfounded against the conduct of the Police, the Magistrate has given no adequate reasons for this disbelief. Further, how far even on their own case and with knowledge of the fact that Police Officers were on their way to the spot the accused and their companions were justified in forming what was prima facie an unlawful assembly, and in their subsequent use of the weapons with which they were armed are 'matters which the Magistrate has apparently failed to take into his consideration. Still less has he considered the case of those who on the; evidence inflicted individual injuries. 8. In short, is my view, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e who have their cattle sheds on land immediately to the north of the dona arid themselves reside there during the grazing season with their cattle. Since July 1916, Government and Mrs. Delawney have been in possession of separate plots as representing their respective shares. Plot No. 3 among others is in possession of Mrs. Delawney and the plot to the east of it belongs to Government. The land of the whole char is of the same nature and seems only fit for pasturage (P. W. No. 2). 14. The story of the complainant as told in the first information was to the effect that complainant's master Minnat Ali had taken a settlement; from Government of Char Afzaluddin in order to realise rent from those who grazed their cattle in the char, that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charged under Section 147, Indian Penal Code with rioting with the common object of enforcing by use of criminal force their supposed right of grazing cattle free of rent and of preventing Minnat Ali from realising such rent from them. 16. The defense was that the accused had obtained the right of grazing cattle in the plots belonging to Mrs. Delawney, that they grazed their cattle on Mrs. Delawney's land but still Minnat Ali demanded rent from them but they refused to submit to the demand and on the day of the occurrence, hearing of the expected visit of the Police, they kept their cattle near their own houses on the north bank of the dona when at' About 10 or 11 O'clock About 150 men, with the help of the Police, seized the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, as 1 have already said, of the same nature and not distinguishable except by these distant pillars. 22. The evidence shows that Minnat Ali's whole object was to get hold of the cattle grazing in the char, irrespective Of the place where at the time of the seizure they may have been grazing. The witnesses for the prosecution generally start their story by vaguely stating that on coming to the char' they surrounded About 300 heads of cattle grazing in it? They speak of the settlement of Char Afzaluddin with Minnat Ali and try to ignore the distinction between the plots of char land belonging to Government and those belonging to Mrs. Delawney. In cross-examination they admit the existence of plots belonging to Mrs. Delawney and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the whole char. 23. The next question is with what, object; the cattle were seized by Minnat Ali's men. The witnesses on the prosecution side have generally stated that they surrounded the cattle in order to compel their owners to pay their grazing fees. The evidence to my mind is clear that there was no intention to take the cattle to a pound. This is clear from the first information also. The seizure of the cattle for the purpose of coercing their owners to pay the arrears of rent was clearly illegal and amounted to an attempt at theft. Queen-Empress v. Sri Churn, Chungo 22 C. 1017 : 11 Ind. Dec. (N.S.) 676) which the accused were entitled to resist by use of force. If this view is correct it is immaterial where the cattle were sei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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