JUDGMENT

Knox, J. - Maha Ram, who described himself as son of Kallu, by caste a sweeper, Mangli son of Sunder, sweeper, and Bachhan son of Laiq, sweeper, have been convicted of an offence u/s 68 of Act No. XV of 1872. In the case of Maha Ram Section 109 of the Indian Penal Code is to be read with Section 68 of Act No. XV of 1872.

2. The case for the prosecution is that Maha Ram is a Christian; that on the 3rd of June 1917 he was married to the daughter of one Shib Lal a Bhangi and that Bachhan and Mangli were "Mans" or so--called priests of the sweeper class who solemnised the marriage according to Bhangi rites. The assessors gave it as their opinion that Maha Ram was not a Christian and that therefore no offence u/s 68 of Act No. XV of 1872 had been committed. The learned Sessions Judge, however, was of a different opinion. He found the accused persons guilty and sentenced them each to undergo rigorous imprisonment for a term of one year. The appellants have been represented in this Court by learned Counsel. The contention on behalf of the appellants is that Section 68 of the Christian Marriage Act does not apply; that Maha Ram was not a Christian at the time of his marriage; and th