Full Judgment
Ryves, J.
1. Eight persons, all Kurmis, were convicted by a Magistrate of the first class of rioting and causing grievous hurt, and sentenced to various terms of imprisonment and to pay fines. On appeal the learned Additional Sessions Judge of Mirzapur altered the conviction to one under Section 147 read with Section 323 of the Indian Penal Code.
2. On revision before me it was argued that this trial was barred by the provisions of Section 403 of the Code of Criminal Procedure. It appears that there was a riot of some sort between certain Brahmins and certain Kurmis. The Police challaned the Brahmins. Thereupon one Dina Nath, a Brahmin, filed a complaint in the Court of Muhammad Mabboob Alam, a Magistrate of the third class, charging all the present applicants with rioting with the common object of causing hurt to the Brahmins. That learned Magistrate convicted four of the accused and acquitted six. He consequently held that no charge of rioting had been made out and passed his order under Section 323 of the Indian Penal Code against four only of the Kurmis. This was on the 14th of May 1919, These four persons appealed to the District Magistrate, who dismissed their appeals and went on to direct that each of the four appellants should execute a bond to keep the peace under Section 106 of the Criminal Procedure Code. Thereafter one Ramchander, another Brahmin, filed a complaint on which this trial was held. It is argued that the facts which were the subject of enquiry in the first trial before Muhammad Mahboob Alam are exactly the same as the facts which were enquired into in this trial and the persons accused are the same. It seems to me, therefore, that under the provision of Section 403, Clause 1, they cannot be tried again. The result is that I allow this application. I set aside the convictions and direct that the accused be set at liberty and the fines, if paid, be refunded to them.