STATE Vs. KRISHNA MADHO

JUDGEMENT

(1.) In pursuance of an order made by a single Judge of this Court on 12-3-1951, four persons--Krishna Madho, Balak Ram, Chunni Lal & Manni Ram--appeared, before us to show cause why they should not be punished for having committed contempt of Court. Krishna Madho is the Pradhan & Balak Bam, the Up-Pradhan of the Gram Sabha of village Aurahwa, police station Pachperwa, district Gonda, Chunni Lal is a Prantiya Raksha Dal leader & Manni Ram is a Panch of the Panchayat.

(2.) The background of this case may be shortly stated. On 24-1-1950, Krishna Madho & Balak Ram applied to the Deputy Commissioner, Gonda alleging that Basdeo, Jageshwar, Ishaq & others were bad characters habitually addicted to the committing of thefts & that preventive action should be taken against them. On the same day they as well as Chunni Lal & Manni Ram applied to the Panchayat Officer making a similar request. No report of any date prior to 24-1-1950, the date of the above application, existed against any of the persons named in the applications. After the two applications a large number of reports, one after the other, were made against the persons named in the applications & they culminated in proceedings under Section 110 Cri. P. C. against Ishaq, Basdeo & Others. The case under Section 110 Cri. P. C. was tried by Sri Ghulam Husain, Sub-Divisional Magistrate Utraula, and Magistrate 1st Class Gonda. It must be noted at this stage that Krishna Madho, Balak Ram, Chunni Lal & Manni Ram appeared as prosecution witnesses in the said case. They are P. Ws. 7, 8, 9 & 10 respectively. During the pendency of the case the aforesaid four persons, namely Krishna Madho, Balak Ram, Chunni Lal & Manni Ram sent a letter to the Sub-Divisional Magistrate, Utraula. This letter which is the basis of the present charge is to the following effect: "To The S. D. O., Utraula, State v. 1. Ishaq s/o Kallu 2. Pujabe s/o Wirey

(3.) Kallu s/o Gaya Ram