KALI PRASAD Vs. STATE

JUDGEMENT

(1.) The appcts. were convicted by the Addl. Ses. J., Bahraich, under Section 804 (2) read with Section 149 & Section 147, Penal Code & sentenced to 5 years' R. I. & one year's R. I. respectively. Their appeal to this Ct. was dismissed by one of us & their conviction & sentences were upheld. They now pray that the case may be certified as a fit one for appeal to the Supreme Court under Article 134 (1) (c) of the Constitution. The facts briefly are as follows :

(2.) The occurrence giving rise to the prosecution of the applicants took place on 13-8-1949 at about 12 A. M. in village Kani-bojhi, police station Malhipur, district Bahraich. Sardar Karam Singh, Taluqdar of the Jamunaha Estate, is the proprietor of village Kani-bojhi & held 35 bighas of Sir in this village. The Deputy Commissioner of Bahraich issued notices to various zamindars, including Sardar Karan Singh, to let out their parti lands to tenants within a fixed period & intimated that, if this was not done, panchas would be appointed to distribute the land. At about this time the tenants of the village took matters into their own hands & under the leader, ship of appct. l, Kali Prasad Misra, seized possession not only of the parti lands but also of the Sir & distributed it to various persons.

(3.) The prosecution case was that the land in dispute was included in the 25 bighas allotted to Hamin, Siddiq, Asghar, Bhallar alias Sattar, Sayed, Jan Mohammad, Shaukat, Mewa Lal & Ghafoor who cultivated it jointly. Kali Prasad Misra, according to the prosecution, got the land allotted by the Deputy Commissioner of Bahraich, who had by then assumed charge of the estate on behalf of the Court of Wards, to his own minor son & grandson. When Hamin, Ghafoor & others heard of this trick, they hurriedly collected their bullocks on 13-8-1949 & proceeded to the fields to plough them up so that their continued possession might be established. While Hamin & others, the prosecution story proceeded, were actually ploughing the fields & Ghafoor was sitting on one side of the field. Kali Prasad & other appets. as well as about 15 other persons came op at about 11 A. M. & asked Ghafoor why he was ploughing the field. On Ghaffor's reply that he was ploughing the field because he was in possession, an altercation ensued & Kali Prasad struck Ghaffoor on the head with a lathi. Ghafoor began running away & Hamin Khan & others ran up to intervene. Some other persons from the adjoining village also came & out of them Abad, Chheda Khan & Badal Khan also received injuries at the hands of the assailants. Ghafoor was severely beaten & expired on the spot & his companions ran away; Hamin Khan, his brother left the dead body in charge of the Mukhia, who had arrived in the meanwhile, & lodged the F. I. R. at the police station Malhipur.