MANGAL KHAN AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Mangal Khan and five others, who have been convicted by the learned Addl. Sessions Judge, Bareilly for rioting and connected offences. Mohammad Yar Khan has been convicted Under Section 148, IPC. The remaining five Appellants have been convicted Under Section 147, IPC. All the six Appellants have been convicted Under Section 304, IPC and 325, IPC read with Section 149, IPC. Various sentences of imprisonment have been awarded for the different offences . It is alleged that the six Appellants killed one Imdad Khan and caused grievous hurts to his father Khairullah Khan.

(2.) ACCORDING to the prosecution, there was litigation between the parties about certain land. The land in dispute included plot No. 431 of village Dharmpur. Khairullah Khan was in possession over the plot in November 1956. There was groundnut crop in this plot. On the day of the occurrence the accused were digging ground -nut crop, which was in possession of Khairullah Khan. Khairullah Khan and his relations went to the field and objected to the digging of the groundnuts by the accused. There was an exchange of abuses between the parties. The party of the accused consisted of seven men. They were the six Appellants and one Khalil Khan. Mohammad Yar Khan accused carried a spear; while other six men had lathis. These seven men assaulted Khairullah and others. Khairullah and others fled away from plot No. 431. Khairullah and others were chased by the Appellants' party. Ultimately the Appellants' party surrounded Kairullah and others in a field belonging to Chid u Khan. In this field Imdad Khan E.nd 'Khairullah Khan were' beaten with the spear and lathis. Imdad Khan received serious injuries. Khaiiullah Khan also received a number of injuries. A report about the incident was lodged at the police station at night. Imdad Khan died as a result of his injuries. Khairullah Khan's injuries were medically examined. The six Appellants and Khalil Khan were prosecuted by the police for roiling, for murdering Imdad Khan and for causing grievous hurts to Khairullah Khan.

(3.) THE learned Sessions Judge accepted the prosecution case to the effect that, the Appellants' party chased Imdad Khan and Khairullah Khan. The six Appellants were, therefore, convicted and sentenced as mentioned above. Khalil Khan was acquitted.