REX Vs. SADLA

JUDGEMENT

(1.) SADLA alias Jai Mangal, Sheo Chand, Ram Sia and Sheo Bodhan appeal against their convictions for rioting and for committing the murder of Lunja alias Sheo Mohan at 9 A.M. on 23rd November 1947, in village Kuchauli, which is seven miles from police station Kamasin, district Banda, where the first information report about the incident was lodged at 5:30 P.M. the same day.

(2.) THE prosecution has succeeded in proving that, due to old enmity, the four appellants, along with Sheo Sampat, who died subsequently, attacked Lunja and Ajudhia when they were returning from the river Began after having a bath there. Sadla and Sheo Chand appellants came from the other direction. Lunja and Ajudhia left the passage and proceeded towards Lunja's threshing -floor. The other three appellants lay in ambush nearby and incited Sadla and Sheo Chand to beat Ajudhia and Lunja, saying that they also were coming to their help. Sadla and Sheo Chand then rushed towards Lunja and Ajudhia. Sadla aimed a lathi blow at Lunja, who avoided it and succeeded in striking a lathi at Sadla. Sadla fell down on receiving Lunja's lathi blow. Lunja then further struck him a few more lathi blows. Sadla did not take part in the incident any more, and it appears from the record that he did not do so because he was incapable of taking any active part on account of the injuries which he received at the hands of Lunja. The other appellants came up and beat Lunja with lathis and spear. Ram Sia appellant held the spear. When Ajudhia was being attacked he released Ram Sia and moved aside, saying that he had nothing to do with the quarrel between Lunja and the assailants. As a result of this incident, Lunja received as many as 29 injuries, including seven incised and three contused wounds on the head. He died instantaneously on the spot. These facts have been proved from the statements of Ajudhia, who was with Lunja and who also received an injury, and two other witnesses, namely, Sheo Naik and Indrapal, whom we believe.

(3.) THE accused appellants denied the prosecution allegations. Sadla stated that Lunja Ajudhia, Ram Autar, Sarju, Indraplal Parbbu and Har Babu had surrounded him from four sides and beat him and that he himself plied lathis in self -defence. He alleged that Ajudhia had a spear.