LOGENDRANATH JHA Vs. POLAI LAL BISWAS

JUDGEMENT

(1.) This is an' appeal by special leave from an order of the High Court of Judicature at Patna setting aside an order of acquittal of the appellants by the Ses. J., Purnea, and directing their retrial.

(2.) The appellants were prosecuted for alleged offences under Ss. 147, 148, 323, 324, 326, 302 and 302/149, Penal Code, at the instance of one Polai Lal Biswas who lodged a complaint against them before the police. The prosecution case was that, while the complainant was harvesting the paddy crop on his field at about 10 a.m. on 29-11-1949, a mob of about fifty persons came on to the field armed with ballams, lathis and other weapons and that the first appellant Logendranath Jha, who was leading the mob, demanded a settlement of all outstanding disputes with the complainant and said he would not allow the paddy to be removed unless the disputes were settled. An altercation followed as a result of which Logendra ordered an assault by his men. Then Logendra and one of his men Harihar gave ballam blows to one of the labourers Kangali who fell down and died on the spot. Information was given to the police who investigated the case and Sub-mitted the charge-sheet. The committing Magistrate found that a 'prima facie' case was made out and committed the appellants to the Court of Sessions for trial.

(3.) The appellants pleaded not guilty alleging, 'inter alia', that Mohender and Debender, the brothers of Logendra (appellants 2 and 3) were not present in the village of Dandkhora with which they had no concern, as all the lands in that village had been allotted to Logendra at a previous partition, that Logendra himself was not in the village at the time of the occurrence but arrived soon after and was dragged to the place at the instance of his enemies in the village and was placed under arrest by the Assistant Sub--Inspector of Police who had arrived there previously. It was also alleged that there were two factions in the village, one of which was led by one Harimohan, a relation of the complainant, and the other by Logendra and there had been numerous revenue and criminal proceedings and long-standing enmity between the families of these leaders as a result of which this false case was foisted upon the appellants.