JUDGMENT

1. In these two oases which have been heard together and will be governed by this judgment rules were issued on the District Magistrate of Nuddea to show cause why in each case the conviction and sentences passed on the Petitioners by the Sub divisional Magistrate of Kushtea, on the 12th January 1906, should not be set aside on the ground that they are contrary to the law as laid down in Gul Mahomed Sircar v. Cheharu Mandal 10 C.W.N. 53 (1905) and in Budhai Sheikh v. Tarap Sheikh 10 C.W.N. 32(1905). The Magistrate has submitted a written explanation showing cause and the Petitioners have been represented by Counse in support of the two rules.

2. Five separate complaints were filed against the Petitioners in the Court of Sub-divisional Magistrate of Kushtea, charging them with having on the 3rd July 1905 with others formed members of an unlawful assembly, and in prosecution of the common object of that assembly with having cut and carried off the crops from the fields of the five complainants.

3. It was arranged by the Magistrate with the consent of the pleaders for the Petitioners that the Petitioners should be placed on their trial in 3 of the cases viz, Nos. 678/512, 674/51