(1.) Gharibey, Bhaggan, Autar and Mahadin were convicted by the learned Sessions Judge of Baraa Banki for an offence under Sec. 304, latter Part, and Sec. 323 read with Sec. 34 of the Indian Penal Code. They were sentenced each to five years' rigorous imprisonment under Sec. 304 of the Indian Penal Code and to six months' rigorous imprisonment under Sec. 323. The sentences were to run concurrently. Of them three, Gharibey, Bhaggan and Autar, come up in appeal. No appeal has been preferred by Mahadin.
(2.) The case for the prosecution as established at the trial briefly stated is as follows:
(3.) On the 11th July, 1950, some time after mid -day, Pancham was tethering his bullocks in his field in village Pandrawan, police station Tikaitnagar, district Bara Banki. One of the bullocks began to fight the bullock of Ram Bakhsh Kori and injured it, whereupon Bhaggan, who was standing there, abused Pancham. This led to further hot words and exchange of abuse whereupon Gharibey, Bhaggan, Autar and Mahadin assaulted Pancham with lathis. His niece (brother's daughter) Santa, his brother Budhu and his own wife Ram Raji attempted to intervene and they were also injured. Pancham became unconscious. He was carried to police station Tikaitnagar. He regained consciousness and a first information report of the occurrence was recorded at 5.15 p.m. the same day, at the police station which was only one and a half miles from the place of occurrence. Pancham died the next day, that is, the 12th July, 1950.