HUKAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, by special leave, is by four persons against the order of the High Court of Judicature at Allahabad dismissing their appeal and confirming their conviction for several offences including one under S. 302 read with S. 149, I. P. C., by the Sessions Judge, Saharanpur.

(2.) These appellants, along with three other persons, were alleged to have forcibly taken two carts loaded with sugarcane from the field of Suraj Bhan through the field of Harphool, in transporting the sugarcane from the field, about a furlong and a half away, to the public passage running by the side of Harphool's field, and to have beaten Harphool and others on Harphool's protesting against the conduct of the appellants' party at the damage caused to his wheat and gram crop. Ram Chandra, one of the appellants, was armed with a hatchet (Kulahari) and the others were armed with lathis. Harphool and others who came to his help struck the appellants' party also in self-defence. Harphool died as a result of the injuries received in this incident.

(3.) The appellants admitted their taking the carts through Harphool's field and alleged that at Harphool's protest they asked to be excused, promised not to take the carts through the fields in future and pleaded for the carts being allowed to cross the very small portion of the field which remained to be covered before reaching the public passage. The accused state that in spite of all this meek conduct on their part, Harphool and his companions attacked them and that then they also struck Harphool and others in self-defence.