MANGULU MALIK AND ORS. Vs. STATE

JUDGEMENT

(1.) THE Petitioners stand convicted under Sections 147, 148 and 323, Indian Penal Code read with Section 149, Indian Penal Code, and they have been sentenced thereunder to undergo R.I. for six months on each count; The sentences to run concurrently.

(2.) IT is an undisputed fact that there was some dissension between the parties due to certain caste matters and they were not pulling on (sic) with each other. The prosecution case, in short, is that on the date of occurrence the Petitioners wanted to hold Sankirtan in another village and they did not like to associate some of the prosecution witnesses in that Sankirtan Party. P.Ws. 1 and 2, therefore, opposed the use of the Mrudanga (M.O. V) and Gini (M.O. VI) belonging to the Sankirtan Party by the Petitioners in the said Sankirtan. Because of the above, a dispute arose between the parties and They decided to get the matter settled by The Brahmin gentlemen of the village. With that purpose p.ws. 1 and 2 went ahead to the Brahmin Sasan, and the Petitioners and one Ananda Malik. (since acquitted) went to their houses and thereafter came to The Brahmin Sasan armed with lathis and knives. There the Petitioners assaulted some of The prosecution witnesses with lathis in the specific manner as described in paragraph 4 of the impugned judgment.

(3.) THE Court below in a lengthy judgment acquitted one Anauda Malik of all the charges and upheld the conviction and sentences passed by the trial Court against the Petitioners on the above counts.