ORI Vs. REX

JUDGEMENT

(1.) Eight person, 1 ori, 2 Chokhey, 3 Ishwar Din, 4 Brij Lal, 5 Moti, 6 Bhailal, 7 Bipat and 8 Har Bhajan were convicted by the Civil and Sessions Judge of Lucknow for offences under sections 147, 325/149 and 323/149, Penal Code. Under sections 147 they were sentenced to two years' rigorous imprisonment each, under section 325/149 to three years' rigorous imprisonment and under sections 323/149 to one years rigorous imprisonment each; the sentences were to run concurrently. They come up in appeal.

(2.) The prosecution story as sought to be established at the trial was that on the 21st of May 1947, at about 8in the morning while Dhanpat his son Ram Nath and Dhanpat's grove to irrigate the Rampal went to Dhanpat's grove to irrigate the trees, 18 persons, including the present eight appellants, attacked them. Ram Nath ran away and informed his uncle Mahabir and other members of the family. Thereupon Mahabir, his son Babu Lal, his wife Ram Piari and Dhanpat's wife Ram Dulari all reached to the help of Dhanpat and Rampal. The concurrence took place not from the village site of Ghuskar, hamlet of Hussainpur, which is at a distance of about four miles from police station Gossainganj. When Mahabir and others reached the place of occurrence and remonstrated with the assailants of Dhanpat and Rampal, violence was used against them also. Information of the occurrence reached Mohan, a relation of Dhanpat who lives in another village. He came to Ghuskar, and having ascertained the facts from such of the victims of the assault as could speak, went and made a report at thana Gosainganj at 7-20 p.m. It appears that Dhanpat had received serious injuries and was unconscious. Mahabir had also been badly beaten. Some of the other members of the family also received minor injuries. In the report made by Mohan, 18 persons, including the 8 appellants, were named as the assailants of Dhanpat and his companions.

(3.) It may be mentioned that another report was made at thana Gosainganj at 11-30 a.m. by Chokhey appellant. His brother Ori had also accompanied him to the thana. Chokhey's report is a very brief one. He stated that he was removing earth from the nala when Dhanpat belaboured him with lathis and that his brother Ori who came to his help was also assaulted.