DIVISION BENCH
Before, Ellis and Ispahani, JJ.
Akhil Ali Mulla and another – Accused-Appellants
versus
THE KING– Respondent

Criminal Appeal No. 269 of 1948, decided on 22nd November, 1949.

Panel Code (XLV of 1860) S. 395 – Charge bad in law if participants are less than five.
As an offence under section 395 requires a minimum of five participants therein, obviously a charge which merely recites that three persons took part in the occurrence and makes no mention of any other persons, cannot in law, be a valid charge under section 395 of the Code. [p.7].

A. K. Fazlul Haq and A. M. Sayem, for Appellants.
S. Afzal, Deputy Legal Rememberancer, for Crown.