JANG RAI Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from the judgment and sentence of the learned Sessions Judge of Shahabad who, differing with the assessors convicted four persons, Jang Rai, Keshwar, Singh or Rai, Ram Narain and Anjor Ahir under Sections 148, 395 and 326 read with Section 149 and sentenced the first to 10 years rigorous imprisonment, the others to seven years each.

(2.) Originally eight persons were arraigned before him on these charges but four have been acquitted, though we confess we are unable to appreciate any difference between their cases and those of the present appellants.

(3.) It is alleged that 200 of the tenants of Barsingha, a village in the Ballia District, crossed the Ganges on the day of occurrence and looted the fields of the Suremanpur Burja tenants. It is also alleged that one Barhamdeo Rai (not in custody) pursued one Chegan and speared him, killing him instantaneously. Then it is said that Sheo Gobind, who has been tried and acquitted on his establishing a convincing alibi, pursued Bhola Rai and speared him so that he also died.