TIKA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Seventeen persons are alleged to have participated in an incident of the afternoon of December 17, 1965 in Inchhawala, district Bijnor. Ten out of those were tried by the learned Ist Additional Sessions Judge, Bijnor, who acquitted three and convicted the remaining seven under Sections 323 and 332 read with Section 149 and under Section 147 of the Penal Code. Each of the seven persons was sentenced to six months' R. I. under Sec. 323 and to two years under Section 332 and to one year under Sec. 147. The sentences were directed to run concurrently.

(2.) In an appeal filed by the convicted persons, the High Court acquitted one of the accused and confirmed the conviction and sentences of the remaining six. This appeal by special leave is directed against that judgment.

(3.) One Amar Nath was working as a farm servant with a man of supposed influence called Kesho Saran. At about 3.00 p.m. on December 17, 1965, while Amar Nath was working in the field, 17 persons are alleged to have gone to the field with their cattle. The trespass damaged the crops, upon which Amar Nath asked the trespassers to clear the cattle out of the field. The case of the prosecution is that Amar Nath was thereupon beaten with lathis. On hearing his shouts, 2 constables Ram Kumar and Gurmukh Singh who were on patrol duty went to the field and intervened but they were also assaulted.