LOKENATH GOPE Vs. STATE

JUDGEMENT

(1.) Petitioners Rameshwar Gope, Bhagwat Gope and Sheodayal Gope have been convicted under Section 147 of the Penal Code and sentenced to undergo rigorous imprisonment for four months each. The remaining petitioners have been convicted under Section 148 of the Penal Code and have been sentenced to undergo rigorous imprisonment for six months, save and except Loknath Cope who has been sentenced to undergo rigorous imprisonment for eight-months. Further, petitioners Dharam Singh Gope, Rambrichh Gope, Ramchander Gope and Siri Gope have been convicted under Section 324 of the Penal Code and have been sentenced to undergo rigorous imprisonment for one year, except Dharam Singh Cope, who has been awarded nine months' rigorous imprisonment. Again, petitioners Rambrichh, Ram Chander and Siri have been convicted under Section 19 (f) of the Arms Act, but no separate sentence has been awarded. The sentences have been made concurrent.

(2.) Shortly put, the prosecution case is as follows. At about 2 p.m. on 10th February, 1958, Bhageru (P.W. 1) was uprooting potato in his field. P.Ws. 2, 4, 4(a) and 6 were uprooting their rabbi crops in adjoining fields. At the same time five of the nine petitioners, namely, Siri, Rambrichha, Ramchander, Dharam Singh and Sheodayal were grazing 15 or 16 head of cattle near the adjoining river. Out of them, two buffaloes entered into the field of Kishori Gope and started grazing masuri crop standing thereon. It is alleged that Kishori protested, and with the help of the aforesaid prosecution witnesses went to seize the said two buffaloes. This led to an altercation between them and the aforesaid petitioners. Thereupon, petitioners Rambricbh, Ramchander and Siri went to their village leaving Dharam Singh and Sheodayal there and soon returned with an armed mob of 15 persons. The further case of the prosecution was that petitioners Rambrichha, Ramchander and Siri were armed with pistols and country-made guns, all unlicensed. Petitioners Lokenath and Dharam Singh had garansas in their hands. Petitioner Chando carried a bhala and the remaining three petitioners had lathis in their hands. The common object of the mob, according to the prosecution was to rescue the cattle forcibly and assault Bhageru, Kishori and others. Petitioner Lokenath ordered assault, whereupon petitioners Rambrichh and Ramchander fired gun shots on Kishori. He fell down. Bhageru went to help him, but he was also shot at by Siri. When Kishori attempted to get up, Dharam Singh gave him a garasas blow on his elbow. On hearing the alarm, several persons from the village came, and the petitioners then fled away with the two buffaloes.

(3.) The petitioners pleaded not guilty and alleged that the prosecution case was false.