LALLAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Patna High court dismissing the appeal of the nine appellants before us. They had been convicted by the learned Sessions Judge under Section 325 read with Section 149, I PG and sentenced to undergo rigorous imprisonment for three years each. They were also convicted under Section 147, section 148 and Section 379, I PC. The appellants were also individually convicted for various offences which it is not necessary to mention.

(2.) In brief the prosecution case was that Anant Prasad Jaiswal, Public Witness 2, gupteshwar Nath Jaiswal, Public Witness 4, and Baijnath Sahu, PW9, had gone on the morning of 23/03/1962, with a number of labourers, for harvesting the Rabi crop of plot No. 1203 of Khata No. 158. They harvested the crop till about 11-30 a. m. when the accused party turned up, with various other persons, variously armed. They attacked the members of the prosecution party, including Sheokaran Ahir who died. It was further alleged that most of the labourers succeeded in running away but a number of persons were chased and assaulted at three different places.

(3.) The defence of the appellants was that the appellant, Lallan Singh, was in actual possession of plot No. 1203 and that the prosecution party came in a mob to disposses him and actually started looting the crop grown by lallan Singh and this resulted in the occurrence.