NAUBAHAR SINGH Vs. QADIR BUX

JUDGEMENT

(1.) Rawana Shikarpur is a village in pargana Seohara in the district of Moradabad. It has a mixed population of Hindus and Mahomedans, the latter having the numerical superiority. The number of Hindus is about 250 and that of the Mahomedans about 1,500. The Mahomedans occupy a compact area in the village abadi and their residential quarters were apart from the portion inhabited by the Hindus.

(2.) Paucity in number does not however count as a factor indicating status, influence or prosperity. The village is owned by the Hindu proprietors Rani Phul Kumari, widow of Chowhdry Ranjit Singh. Phul Singh, Sagar Singh, Ram Kumar Singh and Munne Singh are some of the zamindars. No Mahomedan is a cosharer in the village. The zamindars realise house rent and bhet presents from the reyaya. They also receive manure. They also take begar or forced labour but do not realize any artisan's cess.

(3.) The relation between the Hindu and the Mahomedans appears to have been cordial till the close of 1923. About this time a certain amount of disquietude appears to have been caused in the minds of the Mahomedan inhabitants of the village by the inauguration of the Shudhi movement. The precise details of this phase of activity are not ascertainable from the record now before us, but the waves appear to have broken upon the Mahomedan population and roused it from its dogmatic slumber. As a protest and as a measure of retaliation Nanhe, son of Kallu, who is plaintiff 3 in this action slaughtered a cow on the 30 May 1924 on the occasion of the Akika or tonsure ceremony of his son. This provoked angry feeling amongst the Hindus Five of them, viz., Sipahi Lal, Lalman, Sher Singh, Shankar Singh and Mohan lodged a report at the police station and finally made a complaint in the criminal Court under Section 298, I.P.C. The complaint was after a summary enquiry rejected under Section 203, Criminal P.C. The defeat of the Hindus, however did not depress them. They determined upon preventing the slaughter of cows at any cost and "showed their readiness to commit a breach of the peace." A report was made at the police station by Mohan Chowkidar, Mukhi Ram constable and Sipahi Lal village headman that breach of the peace was imminent between the Hindu and Mahomedans of this village. Proceedings were initiated on the report of the Sub-Inspector under Section 107, Criminal P.C. As a result, 54 Mahomadens and 15 or 16 Hindus were bound over to keep the peace.