Noor Elahi and Mahboob Elahi, petitioners, were tried under section 70 of the Canal and Drainage Act by Magistrate 1st Class, Mandi Bahaud Din, who convicted and sentenced them to imprisonment till the rising of the Court, vide his judgment dated 30-9-1985. The appeal filed by them was dismissed by the learned Sessions Judge, Gujrat, on 18-6-1986.
2. The learned counsel for the petitioners submits that the learned Sessions Judge has arbitrarily dismissed the appeal without applying his mind to the facts and evidence of the case.
3. No one has appeared for the State. I have considered the matter carefully. I agree with the learned counsel for the petitioners. I find that the learned Sessions Judge has really not discussed the evidence and after setting out the facts, he simply stated that "I have considered the arguments advanced and have perused the record. I do not see any force in the arguments of the learned counsel for the appellants. The appellants were rightly convicted and sentenced under section 70 of the Canal and Drainage Act. The case has been proved from the evidence of the P.Ws.
This to my mind is not a valid judgment and cannot sustain.
4. For what has been said above, the revision is accepted and the judgment of the learned Sessions Judge is set aside and the case is sent back to the learned Sessions Judge, Gujrat, for rehearing of the petitioner. Order accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.