BINDESHWARI SINGH Vs. STATE

JUDGEMENT

(1.) The two appellants have been convicted under Section 302 read with Section 149 of the Indian Penal Code, and have been sentenced to transportation for life. They have also been convicted under Section 147 of the Code, but no separate sentence has been awarded under that section.

(2.) These two appellants were put on trial along with eleven others who have been found not guilty and acquitted by the learned Additional Sessions Judge of Monghyr.

(3.) As the learned Judge has dealt with the facts of the case in a very satisfactory manner, giving the necessary details of the case, the evidence and his own criticisms o the evidence, I do not find it necessary to give at length the facts of this case except in a very brief manner. The appellants, along with their other co-accused, who have since been acquitted, belong to village Bar-tara, police station Sikandra, and the deceased Mumtaz Khan also belonged to the same village. There is another village, closely situated, known as Barhara within the same police station. It is an admitted fact that, because some meat seller of Barhara wanted to sell beef to the Muslims in Bartara communal tension was brought about, the Hindus resenting the sale of beef In Bartara, and the Muslims of Bartara and Barhara insisting that beef should be sold in Bartara. In the year 1953, the Holi festival of the Hindus fell on the 3rd of March. During that festival, trouble was apprehended between the two communities when Ramkishun Singh, Mukhia of the Gram Panchayat (accused--acquitted), sent a letter to the Sub-Inspector of Police, Sikandra informing him about an apprehension of a breach of the peace. The Sub-Inspector held enquiry on the 2nd of March and the very next day he submitted his report to the Sub-Divisional Officer recommending proceedings under Ss. 107 and 117 of the Code of Criminal Procedure against, the first party, consisting of Mumtaz Khan, the deceased, Anwar Khan (P W. 2) Nairn Khan (P. W. 19), son of Mumtaz Khan, Ali Bux (P. W. 7) and Usman (P. W. 5), and also against the second party, consisting of accused Chhotan Sahu (since acquitted) and four others. Proceedings were, accordingly, started against both sides on the 4th of March, 1953. The proceedings were split up on the 4th of May, 1953 against the two parties, and the 24th of September, 1953 was the date fixed in the proceeding against the Hindus, namely, Chhotan Sahu and others.