JAGAN Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by four persons, Jagan Bhuwali, Ram Lal and Sheo Nath. All of them have been convicted Under Section 323 or Section 323 read with Section 34 Indian Penal Code and sentenced to six months' rigorous imprisonment thereunder for having caused simple hurt to one Lallu. Bhuwali was charged Under Section 302 and has been convicted under that provision and sentenced to imprisonment for life. The other three appellants Jagan, Ram Lal and Sheo Nath were charged Under Section 302 read with Section 34, but were convicted Under Section 325 read with Section 34 and sentenced to two years' rigorous imprisonment each for the injuries which were caused to Ram Prasad deceased. '

(2.) The incident giving rise to the case against the four appellants took place at about noon on 4th April, i960, in village Khidirpur within the jurisdiction of P. S. Nawabganj, Report about the incident was made at the police station at 2.45 P. M., the distance between the police station and the place of occurrence being six miles.

(3.) The facts giving rise to the case against the appellants were like this. The pigs of the accused Bhuwali were noticed damaging the khali-yan of Ram Prasad and his nephew Jabra at about mid-day on 4th April, i960.' Ram Prasad and his nephew Jabra and Lallu drove away the pigs and then went to the house of. Bhuwali to protest about it. It is alleged that when this protest was made, Bhuwali and the other accused started abusing Ram Prasad and his nephew and when Ram Prasad and his nephews told them that it was they who had been put to a loss and they were being even abused, all the four accused took up their lathis and Jagan Lai exhorted the others by saying "Pakar lev Saron ka, ghaire se nikal ke jai na paven". Ram Prasad, Jabra and Dallu (who is blind) ran for their lives from that place but they were chased by the four accused and when they were in Dudai's field, Ram Prasad Sass given a lathi blow on his head as a result of which, he dropped down and even Lallu was given a beating by Ram Lai and Sheo Nath. Jagan is said to have been exhorting the other three accused all the time saying "Maro saren ka". The lathi blow to Ram Prasad is said to have been given with such a great force that the lathi itseli gave way and broke on hitting Ram Prasad. AU the four accused are then said to have run away. Jabrs and Lallu then went to the police station and also took Ram Prasad with them on a cot. Report at the police station was lodged by Jabra, where after investigation followed in due course.