JUDGMENT

Suhrawardy, J. - The appellant Abdul Gani Bhuya has been convicted u/s 324, Indian Penal Code, and sentenced to six months' rigorous imprisonment. He was tried with one Abdul Razak for offences under Sections 324,323 and 325, Indian Penal Code. The Jury unanimously found Abdul Razak not guilty and found the appellant guilty u/s 324, Indian Penal Code.

2. On behalf of the appellant three points have been taken by the learned Vakil who appears for him relating to non-direction in the learned Judge's charge to the Jury. The first point is with regard to the admissibility of the depositions taken by the Magistrate. What happened in this case is that the case for the prosecution rested on the evidence of two alleged eye-witnesses to the occurrence Nawab-ud-Din and Wasiuddin and of another witness Madhu, a servant of the family, who had lodged the first information on hearing about the occurrence from one of the other witnesses. Before the Committing Magistrate they spoke of having seen the occurrence or part of it but in the Sessions Court they practically denied having seen it. Nawab-ud-Din had said before the Committing Magistrate that there was an exchange of abuse. Gani Mia (