JADUNANDAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) Narain Dusadh and Sheonandan Singh, the gorait and gomasta respectively of a landlord, were returning after the inspection of some fields when the two petitioners and others came out of an ahar and assaulted them.

(2.) The petitioner Alakh gave a bhala blow to Narain on the right leg, and then other people assaulted him with lathis. The petitioner Jadunandan and others then assaulted Sheonandan. Jadunandan after this forcibly took the thumb impressions of Narain on one piece of blank paper, and of Sheonandan on three blank papers. On these findings the two petitioners and two others were convicted by the trying Magistrate, Jadunandan being sentenced under Section 384, Indian Penal Code, to six months rigorous imprisonment and Alak to four months rigorous imprisonment under Section 324. Jadunandan was also found guilty under Section 323, but the Magistrate did not consider it necessary to pass any separate sentence on him under that section.

(3.) Two other men were also convicted by the Magistrate under Section 323 and fined. An appeal which was heard by the Additional Sessions Judge of Gay a failed. When the matter came to this Court, Varma J., rejected the revisional application of the last two men, Baghu Kahar and Chander Singh, but admitted the application of Jadunandan Singh and also, so far as the question of sentence was concerned, that of Alakh.