BHARTU Vs. STATE

JUDGEMENT

(1.) THESE two appeals arise out of two cross-cases relating to the same incident which took place on 30-4-1949 at about 9 a. m. in the morning in village Mavi Kalan, P. S. Binoli, District meerut. The dispute was over a field No. 934 in that village. This field at first belonged to Jialal and others who executed a sale-deed in favour of Smt. Kesar, mother of Yadram. She executed a lease in respect of this plot in favour of Yadram. After the sale-deed, Bhartu and Munshi filed a pre-emption suit against Smt. Kesar and obtained an 'ex parte' decree against her. In execution of this ex parte decree the decree-holders (accused) obtained actual possession over the field and ploughed it. Shiam Singh, a brother of Yadram who was one of the defendants in the pre-emption suit got the ex parte decree set aside and the case restored. Thereafter, it was decided in favour of Yadram and he obtained actual possession over the southern half of the field and formal possession over the northern-half, as in this portion the chari crop of the accused was standing at that time. After the chari crop had been cut, Yadram sowed sugarcane crop in it. On 30-4-1949, at about 9 a. m. in the morning when Yadram and Tejram were weeding their sugarcane crop in the field the accused went there armed with spears, tabar and lathis and wanted to sow Juar crop in it. Yadram protested against it and tried to stop them whereupon he was assaulted by the accused. Tejram was also attacked by Ram Singh with a tabar. Both Yadram and Tejram shouted for help and on hearing their cries, Jahana, Chandan, Maharam and Raj singh who accidentally happened to be present near the place of occurrence rushed to their help. They too were beaten and Maharam died as a result of the injuries received by him the next morning. The report of this occurrence was made by Yadram the same night at 8 p. m. at P. S. Binoli which is five miles to the east of the village Mavi Kalan and the accused were named in it.

(2.) A complaint was also made by Balwant, son of Munshi against Yadram, Tejram and eight other persons under Sections 148/325/336 read with Section 149, Penal Code. It was alleged in this complaint that the complainant had sown sugarcane crop in the plot in dispute and on 30-4-1949 the accused, namely Yadram and others came to the plot in dispute armed with lathis, tabar, spears, etc. , and attacked Munshi and beat him, that he shouted for help. Ram Singh went to his help but he too was beaten. Later on, Bhartu Mohkam and other persons went there to intervene and save Munshi and Ram Singh from being further beaten but they too were assaulted and received simple and grievous injuries, that the complainant went to P. S. Binoli to make a report about the occurrence but their report was not taken down as the accused were already present there.

(3.) BOTH these cases were tried by a Magistrate of the first class. Ho found that the accused had cultivated sugar-cane crop in the northern portion of the plot in dispute, that the party of the complainant Yadram forcibly wanted to dispossess them from this plot and, in order to achieve this object, he and his companions went there armed with lath's and spears and first attacked the party of the accused, that the accused Bhartu and others in their self-defence also struck them with lathis and other weapons and indicted injuries on them. He, however, convicted the accused bhartu and others because he was of opinion that they had exceeded the right of self-defence. They were each convicted under Section 304 read with Section 149 and also under Section 143, penal Code and were sentenced to five years' rigorous imprisonment under the former section and one year's rigorous imprisonment under the latter section and both the sentences were made concurrent.