TIKA RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal by nine men from a judgment of a Sessions Judge, Meerut, convicting them under Sections 147, 323, 325, 424 and 452, I. P. C. One Hamarain obtained a decree from the court of the Additional Munsif, Ghaziabad, against Sunehri Jogi for a sum of money and put it into execution. The Munsif issued a warrant of attachment of Sunehri's property and it was given to Jageshwar Dayal amin for execution before 31st July, 1955. The amin went to the house of Sunehri judgment-debtor on 31st May 1955, at about 6 p. m. and attached two houses three buffaloes and two cows on their being pointed out by the decree-holder's son Om Prakash as property belonging to the judgment-debtor. The attached cattle were found inside the house of the judgment-debtor. The amin prepared a list of the attached property and handed over the attached cattle for custody to Chhajju, who executed a document acknowledging the entrustment of the attached cattle to him. He prepared a report about the attachment carried out by him and submitted it to the Additional Munsif. Chhajju, the sapurdar, did not have accommodation at his house for keeping the attached cattle and placed this difficulty before the decree-holder, who allowed him to keep them in his enclosure. Next day at 7 a. m. the nine appellants went to the enclosure of the decree-holder armed with lathis. The decree-holder and his son Om Prakash and nephew Kabul were there. The appellants started untying two of the attached buffaloes. They untied one and were going to untie the other when the decree-holder etc. protested against their acts. There was an altercation between them and P. Ws. Risal, Srichand. Khazan, Jhandu etc. reached there. The appellants struck with lathis the decree-holder and his son and nephew. When Jhandu tried to intervene, they struck him also with lathis and ilme and Tika appellants took away the two buffaloes followed by the other appellants. Tika appellant left his lathi behind,

(2.) Om Prakash went to the police station, which is three miles away from the place of occurrence, and at 9-30 a. m. dictated the first information report against all the appellants. He mentioned in the report that in execution of the decree against Sunehri two cows and three buffaloes had been attached by an amin on the previous day and entrusted to Chhajju, that Chhajju on ac- count of having no accommodation in his house had kept the attached cattle in the house of Om Prakash saying that he would take them away next day after arranging accommodation, that two of the buffaloes had been left by Tika appellant with Sunehri for grazing, that the buffaloes had not still given birth to any young one, that at 7 a. m. the appellants went to the house of Om Prakash with lathis, entered into it and saying that their buffaloes had been attached untied 2 buffaloes an started to go away with them, that when Om Prakash and his father and cousin protested they were beaten with lathis, that Jhandu also was beaten with lathis and that the fight was seen by Bhola, Risal, Srichand, Chhajju etc. The condition of Harnarain decree-holder was stated in the report to be dangerous and the head moharrir at 9-30 a. m. wrote out a letter for his medical examination and sent it with P. C. Chandrapal. Om Prakash, Kabul and Jhandu were examined on 1-6-1955 between 5-30 and 6 P. M. Om Prakash had three injuries, Kabul seven and Jhandu seven; all the injuries were caused with a blunt weapon and were simple except for one injury of Jhandu. Harnarain was examined on 2-6-1955 at 4 a. m. and had as many as 14 injuries, two of which were grievous and one was dangerous. They were all caused with a blunt weapon. All the injuries of the four persons appeared, in the opinion of the doctor, to have been caused on the morning of 1-6-1955. The police took up the investigation and took into possession blood-stained earth from the house of the decree-holder and the lathi left by Tika appellant.

(3.) The prosecution examined Harnarain, Om Prakash, the amin, Chhajju, Srichand, Risal, Kha-zan, Jhandu, Rawat Singh and Tika. The decree-holder, Om Prakash, the amin, Rawat Singh and Tika stated that the attachment took place on 31-5-1955 at about 6 p. m. Rawat Singh was a witness of the attachment and signed the list of the attached property and also the document executed by the sapurdar Chhajju, while Tika was the drum-beater who proclaimed the attachment by beat of drum. These witnesses further deposed that the attached cattle were given in the custody of Chhajju. This is also the evidence of Chhajju himself. These witnesses, except the amin, deposed that Chhajju kept the attached cattle for the night in the house of the decree-holder; though the amin stated that he slept at the decree-holder's house at night he could not say whether the attached cattle were tethered in his house or not. There is nothing surprising in this because he might not have seen the attached cattle in the house of the decree-holder and might not have been informed that they were kept there. He also could not have been in a position to recognize the attached cattle. Evidence about the occurrence that took place on 1-6-1955 has been given by the decree-holder and his son and Jhandu, Chhajju and Srichand. They deposed that all of the appellants entered into the enclosure in which the attached cattle were tied and untied the two buffaloes, that on protests by the decree-holder and his son and nephew they struck them with lathis, and that the decree-holder also used their lathis in self-defence. Evidence about the beating has also been given by Risal and Khazan, who reached the enclosure when the fight was in progress. These eye- witnesses further stated that Jhandu intervened and was struck and that Tika and ilme appellants took away the two buffaloes saying that they were theirs. There is also the statement of Om Prakash that Tika appellant left his lathi behind.