ULFAT KHAN Vs. EMPEROR

JUDGEMENT

(1.) The petitioners seven in number have been convicted of rioting under Section 147, I.P.C. and sentenced to six months rigorous imprisonment each.

(2.) His son Habibullah and his son-in-law Muhammad Zakaria were also assaulted. The defence is that the case is false and has been brought with a view to coerce the petitioners Nos. 1 and 2 (Ulfat and Wahid) to give up possession of 18 bighas of jagir land belonging to the complainant but in possession of the petitioners as bataidars thereof. The petitioners refer to two previous cases between the parties in order to show that it has been the repeated attempt of the complainant to dispossess them from the jagir land. There was a case under Section 447 brought by the complainant against the petitioners and it ended in acquittal of the petitioners by an order of the Court, dated 17th April 1927, upon the ground that the complainant's possession over the jagir land was not satisfactorily proved.

(3.) Then there was proceeding under Section 144,. Criminal P.C. in which also the complainant claimed possession of the land and the crops thereon. This was dropped on the ground that the crops had already been cut and there was no present apprehension of a breach of the peace. This order was passed by the Sub-Divisional Officer on 2nd September 1926. The present occurrence is said to have taken place on 15th June 1927, at 8-30 a.m., and the place of occurrence is. alleged to be a plot of land measuring 1 bigha 15 kathas bearing khasra No. 188 in khata No. 42. The Sub-Inspector of Police (P.W. No. 9) in his evidence says that this plot, which is the scene of the occurrence in the present case, is different from the jagir land of 18 bighas. An information was lodged before him by Habibullah Khan, son of Sher Ali, at 4 p. m. on 15th June 1927, the day of occurrence, and in it Habibullah is said to have stated that his field is in batai cultivation of petitioners Wahid Khan and Ulfat Khan but they did not divide the produce, and Sher Ali went to plough that field with his plough and bullocks. Thereupon petitioners Ulfat Khan and Wahid Khan unyoked the bullocks and beat his brother with lathis and, when he began to separate the said persons beat him also.