SAKALDIP RAI Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by seven men who have been convicted by the Additional Sessions Judge of Muzaffarpur of rioting. The trial was held with the aid of four assessors all of whom were of opinion that the charge had not been substantiated.

(2.) In the riot, which occurred on 12 October 1939, one Ramasis Jah was struck a blow with a bhala in the abdomen. Subsequently peritonitis set in and he died three or four days later. The appellant Sakaldip Rai who is said to have struck this blow was also convicted of culpable homicide not amounting to murder. The disturbance occurred over a small parcel of land, 10 kathas in area, which is comprised in khasra No. 3825, and formed part of two holdings in respect of which rent decrees were obtained in 1934. In execution of these rent decrees the holdings were sold and purchased by one Rajendra Missir.

(3.) On 17 April 1938 Rajendra Missir took out writs for delivery of possession. The decrees in the rent suits were obtained against one Deonandan Jha who is the son of one Gurusaran Jha. Gurusaran Jha and his two brothers, Nathar Jha and Awadh Jha, were the sons of one Hansman Jha to whom the whole of khasra No. 3825 originally belonged. The sons of Hansman Jha separated many years ago, and, according to the prosecution, khasra No. 3825 which comprises an area of more or less one bigha was then divided among them.