The quality of evidence is more important than quantity in establishing guilt or innocence.

JUDGMENT

Lodge, J. - This is an appeal against convictions and sentences Under Sections 148, 147 and 325/34, Penal Code. Twelve persons were placed on their trial before the Additional Sessions Judge of Dacca and a common jury of five. The charges against them framed by the Sessions Court, were that they were members of an unlawful assembly the common object of which was severely to assault Khan Sahib Samsuddin Ahmed, that they were armed with deadly weapons and thereby committed an offence punishable u/s 148, Penal Code; secondly, that they attempted to murder Khan Sahib Samsuddin Ahmed and thereby committed an offence punishable u/s 307, Penal Code; thirdly, that they in furtherance of the common intention of all namely severely to assault Khan Sahib Samsuddin Ahmed voluntarily caused grievous hurt to him and thereby committed an offence punishable u/s 326/34, penal Code. The charge framed by the Magistrate was dropped. The jury were unanimous in their verdict. They found five of the accused persons Kushai, Abdus Salam, Nawabali, Ledu and Falania not guilty of any offence. They found Karamali Sikdar, Boul Sikdar alias Abdul Hai and Kalu guilty of rioting being armed with deadly weapons and guilty of causing grievous hurt u/s 325/34, Penal Code. They found four others namely Imanali Sikdar, Rokman Ali, Yakub and Budhai guilty of rioting u/s 147, Penal Code, and guilty of voluntarily causing grievous hurt u/s 325/34, Penal Code. The learned Additional Sessions Judge accepted the unanimous verdict of the jury and acquitted Nawabali, Faloo, Kushai, Salam and Ledu Sheik. He convicted Karamali Sikdar, Boul Sikdar, Kalu and sentenced them each u/s 325/34, Penal Code, to undergo rigorous imprisonment for three and a half years and u/s 148, Penal Code, to undergo rigorous imprisonment for two arid a half years. He convicted Imanali Sikdar, Rokman Sikdar, Yakub and Budhai of voluntarily causing grievous hurt and sentenced them each u/s 325/34, Penal Code, to undergo rigorous imprisonment for three and a half years and he convicted them also of rioting and sentenced them each u/s 147, Penal Code, to undergo rigorous imprisonment for two years, the sentences in the case of all the seven accused persons were to run concurrently. The seven accused persons have appealed against those convictions and sentences.

2. The case for the prosecution briefly is that Khan Sahib Samsuddin Ahmed had been the President of Hazratpur Union Board for 10 or 12 years. Towards the end of 1941 new elections to the Union Board and new election of the President of the Union Board became due. Khan Sahib Samsuddin Ahmed stood as a candidate in all the three wards of the Union Board and he was opposed in all the three wards. There was brisk canvassing and feelings ran high. The local Circle Officer anticipated trouble at the time of the elections and asked that armed police should be present when the elections were held. The election had to be postponed and canvassing continued up to the end of 1941 and during the opening weeks of 1942. In December 1941 Khan Sahib Samsuddin Ahmed complained to the police that some of his opponents were threatening the people in the locality to prevent them voting for and supporting him. On 9th February 1942 Khan Sahib Samsuddin Ahmed accompanied by a few followers went out canvassing. In the afternoon of that day he went with his followers towards Talipur village partly for the purpose of canvassing and partly for supervising an enclosure which was to be erected there. After making certain enquiries at Talipur he proceeded thence towards village Niltek. As he was on his way he heard a cry that people were approaching to assault him. He turned back and found a group of people, 30 or 40 in number, approaching to attack them. Among the 30 or 40 people approaching were the seven appellants. Imanali appellant struck the Khan Sahib on the back with a lathi. Karamali Sikdar appellant struck Khan Sahib on the right leg with a lathi whereupo