RAMVIR Vs. STATE

JUDGEMENT

(1.) The appellant Ram Vir is the son of the appellant Rewa Ram. The appellant Sardar is the son of the appellant Sita Ram. They all along with one Lakhan have been convicted under Section 147, I. P. C. Except Lakhsn they have also been convicted under Section 323. I. P. C. Lakhan has been convicted under Section 325, I. P. C. He has been sentenced to six months' rigorous imprisonment under Section 147. I. P. C. and to two years' rigorous imprisonment under Section 325, I. P. C. and both the sentences have been made concurrent. The other four appellants have been sentenced to six months' rigorous imprisonment under Section 147, I. P. C. and to the same term under Section 323, I. P. C. and both the sentences have been made concurrent. Lakhan has filed his appeal from the jail and is unrepresented. The other four appellants are represented.

(2.) It appears that on the 11-1-1948 in the afternoon at about 3 p. m. there was a marpit at a place between the villages Sheikhupura and Siroli. The report of the occurrence was made by one Babu the same day at 4-30 p. m. at police station Dadon, tehsil Atrauli, district Aligarh and in this report all the accused were named. This report was made under Section 323. I. P. C. It was alleged in this report by Babu that he along with Bahori Lal of his village was going to Bihani fair to purchase cattle and as they reached the river near Sheikhupura the accused Sita Ram, Lakhan, Rewa Ram, Sardar, Talewar and Ram Vir. who were all Ahirs by caste and residents of the same village, met them armed with lathis, and Lakhan, Sita Ram, Rewa Ram and Talewar began to abuse them and plied lathis on Bahori. It is also mentioned in this report that there was a litigation between Bahori and the accused persons in connection with some land and on account of this litigation there was enmity between them and it was for this reason that they all beat Bahori with lathis.

(3.) The defence of the accused Sita Ram and Lakhan was that they themselves were beaten by Bahori and Babu alias Habbu, Shiam Lal son of Rupram and Birbal and nine other persons and robbed of their money. They too made a report about this occurrence. The defence of the other accused was that they had been falsely implicated in the case. They denied their presence on the spot or that they took any part in the beating of Bahori.