MAIYADIN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order passed by the II Temporary Sessions Judge. Hamirpur. convicting Sukhdeo alias Sukhdeon. Maiyadin. Ram Dayal, Japat Pal. Ramnath. Sahdi, Ehagwati and Bishuntha alias Vishwanath appellants under Section 302. I. P. C. read with Section 149. I. P. C. and sentencing each of them to imprisonment for life. All ihe above appellants except Sukhdeo were convicted under Section 147. I. P. C. and were sentenced to one year's R. I. each. Gopali appellant was convicted under Section 302. I. P. C. simpliciter and was sentenced to imprisonment for life. Gopali and Sukhdeo appellants were convicted under Section 148. I. P. C. and each was sentenced to two years' R. I. All the nine appellants were further convicted under Section 325. IPC read with Section 149. IPC and each was sentenced to four years' R. I. under the first count and to two years' R. I. under the second count. All the sentences of all the appellants were ordered to run concurrently. Surajpal and Darbari were also tried along with the appellants, but they were acquitted by the trial Court.

(2.) THE facts giving rise to this appeal are as follows: Khushali (P. W. 2 ). Jagdeo. and Maiyadin (P. W. 3) had purchased certain land from Chhitwa Kewat. They had sown Jundhri and Sawan crops in this land. Surajpal. son of Chhitwa, filed an objection in the mutation proceedings. Khushali and his brother Jagdeo were vendees of 6 Bighas of land out of the total area of 24 Bighas,. referred to above. At the time of sale gram crop was standing in this area. It was agreed that after reaping the gram crop, they will hand over the gram to Chhitwa. Later on Jundhri and Sawars crops were sown in this area. Surajpal son of Chhitwa started interfering in the possession of the land of the vendees. A panchayat was called. In the Panchayat. Chhitwa told them that he had sold the land and the vendees had a right to cultivate the land.

(3.) IN the afternoon of 13-9-I960 Khushali and his uncle Gajju went to cut the Sawan crop from the plot which had by then become ripe. When they started cutting the Sawan crop, the appellants along with Suraipal and Darbari reached there. Suraipal instigated his companions to beat Khushali and Galiu. Khushali and Gaiiu ran towards the village. The appellants as well as Suraipal and Darbari chased them. They surrounded them near the Khaliyan of Rajwa Gadariya, Suraipal and Darbari were armed with spears. Gopali and Sukhdeo were armed with Pharsas, while rest of the appellants were arm-ed_ with lathis. All these persons started beating Khushali. who fell down after receiving the iniuries. Gaiiu was all along shouting for help.