The prosecution case was that on May 16, 1954, in village Dharhara in the district of Darbbanga a, mob of about 40 50 persons, including the accused persons, formed an unlawful assembly, the companymon objects of which were 1 to dismantle the hut of one Mst.
Thereafter, it was alleged, the appellant ordered another member of the unlawful assembly named Budi to set fire to the hut of Mst.
34 of 1956, arising out of the judgment and order dated January 23, 1956, of the Court of the 2nd Assistant Sessions Judge at Darbhanga in Sessions Trial No.
One Tetar Mian, who was the chaukidar of village Dharhara, had companye to the village at about 10 a.m. to ascertain births and deaths for the purpose of supplying the said information to the officer in charge of the police station for registration.
Appeal by special leave from the judgment and order dated January 21, 1957, of the Patna High Court in Criminal Appeal No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The chaukidar then raised an alarm and several other persons came there including Ramji, Nebi and Munga Lal.
52 of 1955.
Some 22 accused persons, of whom the appellant was one, were tried by the learned Assistant Sessions Judge of Darbhanga for various offences under the Indian Penal Code alleged to have been companymitted by them.
P. Singh, for the respondent.
The Judgment of the Court was delivered by K. DAS T. This appeal by special leave is limited to a particular question only, namely, companyrectness of the companyviction of the appellant Galfu Sah for an offence under s. 436 read with s. 109, Indian Penal Code, and the propriety of the sentence passed thereunder.
183 of 1957.
K. Chatterjee, for the appellant.
May 20.
Rasmani, 2 to set fire to it and 3 to companymit assault, if resisted.
When this chaukidar reached near the hut of Mst.
