RAGHUBIR Vs. REX

JUDGEMENT

(1.) By an order dated 29.1.1949 the learned Additional Sessions Judge of Meerut convicted the appellant, Raghubir, under Sections 304, 148 and 323/149, Penal Code. He sentenced him to transportation for life under Section 304, Penal Code, to three years' rigorous imprisonment under Section 148, Penal Code, and to one year's rigorous imprisonment under Section 323/149, Penal Code, the sentences to run concurrently. He convicted the remaining nine appellants under Sections 148 and 323/149, Penal Code, and sentenced them each to 3 years' rigorous imprisonment under Section 148, Penal Code, and to one year's rigorous imprisonment under Section 323/149, Penal Code. The sentences were ordered to run concurrently.

(2.) On 26-8-1949 this appeal came up before a bench of this Court for hearing. That bench issued notice to the appellants to show cause why their convictions be not altered and the sentences enhanced. Learned counsel for the appellants has appeared to show cause. The case has been fully argued on both sides.

(3.) Before indicating my views on the question whether the section under which the appellants have been convicted can be altered and at the same time the sentence can also be enhanced in the exercise of our revisional jurisdiction, it is necessary to refer briefly to the main facts of this case. According to the case of the complainants which was accepted by the learned Sessions Judge, the appellants had, after a quarrel over a mare which strayed into the field of the appellants, beaten the complainants mercilessly with deadly weapons and in that beating one person lost his life. The prosecution was clearly able to establish its case by good evidence which I do not propose to review at any length as it has been subjected to a close scrutiny by my learned brother in a separate but concurrent judgment.