Fazoo Khan vs Jatoo Khan - 1931 Supreme(Cal) 298

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(Cal) 298

RANKIN, GRAHAM
Fazoo Khan – Appellant
Versus
Jatoo Khan – Respondent

JUDGMENT

Rankin, C.J. - In this case four people were convicted of grievous hurt upon one Jatoo Khan and his wife Khanta Bibi. The injuries upon both of these two people were included in the same charge; but that does not seem to have resulted in any prejudice to anybody. The trying Magistrate found all the four accused guilty and sentenced them to three months' rigorous imprisonment each. The Additional Sessions Judge found them all guilty and sentenced each of them to six weeks rigorous imprisonment and a fine of Rs. 50.

2. Mr. Nausher Ali on behalf of his clients, the petitioners before us, however takes a point that the Additional Sessions Judge has wrongly dealt with the case in the way in which he has applied Section 34, I. P.C. It appears that there was a bamboo clump in the bari of Jatoo and his wife. It is a matter of dispute whether the accused persons had some sort of interest in that bamboo clump but the finding is that Jatoo came out and verbally objected to their cutting the bamboos and it is quite certain that Jatoo's finger was injured and that his wife was hit over the head. The feature of the case is this that the Courts have disposed of the matter on the footing th

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