STATE Vs. RAMBALI

JUDGEMENT

(1.) THESE are two connected appeals arising out of the same case.

(2.) SEVENTEEN persons, were prosecuted for committing a riot and for committing murder of one babua Shambhu Prasad Singh, zamindar of village Rajhai, in the district of Gorakhpur. Of these only six, namely, Prag Chauthi, Girgit, Adhare Singh, Mangru and Budhram, were convicted by the learned Sessions Judge under Sections 143 and 302/140, I. P. C. and sentenced to two years' r. I. under the former section and to transportation for life under the latter sections. The rest were acquitted. Those who were convicted have appealed to this Court and their appeal is No. 639 of 1949. Out of the eleven acquitted persons, the Government has appealed against the acquittal of three persons only, namely, Rambali, Jogi and Pirthi, and its appeal is No. 48 of 1950.

(3.) THE incident took place at about noon on 3rd October 1948. The prosecution evidence does not clearly disclose what the origin of the incident was. On the date in question one Gobri choukidar is stated to have phoned to the Police Station Kotwali, Gorakhpur, at about 1 p. m. and is alleged to have made the following report: