MISARIA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by. Misaria and Durgia who have been convicted by the Sessions Judge of Jodhpur. Misaria has been sentenced to five years' rigorous imprisonment under sec. 30 I. P. C. and Durgia to six months' rigorous imprisonment under sec. 323 I. P. C. Both have also been sentenced to small fines.

(2.) THE case relates to an incident which is said to have taken place on the 4th of March 1947 at about 6-30 P. M. in village Netaria. It appears that there had been bad blood between Jagirdar Gopal Singh of Netaria and his tenants who are Jats. In this connection, there were reports and cross-reports by the two sides to the v?rious authorities. It is sail that some time before the 4th of March 1947, the Jagirdar made a report to the Hakim at Merta that an An-in should be appointed for the harvesting and apportionment of the Rabi Crop and he should be directed to reach the village some time before-hand so that the crop might not be damaged or' removed before the apportionment took place. Consequently, the Hakim ordered Ramchandra Amin to go to the village for this purpose. Ramchandra reached village Netaria on the 27th of February 1947. Jagirdar Gopal Singh deputed his servant Misaria, one of the appellants before us to assist the Amin in his duties. THE Amin continued to stay in the village for some time. It is said that on the evening of the 4th of March 1947, the Amin was sitting on the embankment of the tank along with Misaria. At that time, one Girdhari-P. W. 3 and his daughter Mst. Sayari P. W. 2 passed by that side. Both of them had bundles of kolas which they must have brought from their field. Ramchandra and Misaria questioned' them about the removal of the gram plants, whereupon there was an exchange of hot words between Girdhari and Misaria and Misaria is said to have struck Girdhari with his lathi. Girdhari raised an alarm. It is said that on this alarm, Jagirdar G)pal Singh, accompanied by four others, reached the spot first. Immediately on reaching the scene, Gopal Singh asked his followers to beat-Girdhari and himself began the attack; by hitting him on the head with a lathi. He was followed by others and in the meantime, other servants and follower of the Jagirdar came there shouting 'maro maro'. Girdhari and his daughter ran away and these persons then proceeded towards the Kot, and six of them entered one Ghisa's house and began to beat him. In the meantime, they noticed a bullock-cart coming from the side of Merta on which Narain deceased and two others were sitting. This cart was then attacked by Gopal Singh and others and Gopal Singh was the first to hit Naraina on the head and knock him down. Naraina is said to have died soon after while his two companions. , Lala and Ramura received injuries. Other Jats are also said to have arrived at the embankment and are said to have received injuries at the hands of Gopal Singh and his followers,