BISHESHAR Vs. REX

JUDGEMENT

(1.) This is an application in revision against an order of the learned Sessions Judge of Basti dismissing the appeal preferred by the applicants.

(2.) The applicants were convicted by a Special Magistrate first class of Basti for offences under 8s. 325 and 323 read with Section 149, Penal Code, and the sentence passed against them was only a sentence of fine under all the sections. In appeal by the applicants to the learned Sessions Judge, the convictions and sentences were slightly altered. He convicted the applicants under Section 147V Penal Code, also and fined them Us. 15 each and adjusted the fine in such a way as not to enhance the total amount of fine imposed by the Magistrate.

(3.) In village Pachmarhi District Basti a parti land, measuring 18 bighas katcha was owned by the zemindars including the complainant Bachulal. The applicants claimed to hare obtained a lease of this land from the zamindar. Bachulal claimed to have held 8 bighas of this land as a statutory tenant from 1351 p. On 9th October 1946 Jaggu, one of the applicants made an application before the Court that his uncle Gurdutt and other tenants of the village had obtained this parti land for cultivation from the zamindar and that they were being prevented by Bachulal from cultivating it. No effective order was passed on this application. Four days later, on 13th October 1946 at 2 p. M., all the accused armed with lathis went to the house of Baahulal and asked him to give up ploughing the parti land. When he refused to yield to the wishes the accused Ramcharak, Bishesbwar, Gurucharan, Jaggu, Jagarnath, Labi and Chhangur beat him with lathis. He raised an alarm. His brother Gointi who was inside the house came out and when be began to remonstrate with the accused he was also beaten by Manik, Durogba and Mangrey. Sheotihal the ploughman of Bachulal also came up there. He too was beaten by Jjocha, Janki and Jhingan. All the other accused-surrounded these three persons but they did not actually beat anybody. After this the accused proceeded towards the parti land shouting that they would stop its being ploughed by Bachulal. Bajaram, uncle of Bachulal and the labourers engaged in ploughing ran away leaving eight bullocks in the field. The accused drove the bullocks to the cattle pound.