UMRAO Vs. EMPEROR

JUDGEMENT

(1.) This is a criminal appeal from a conviction under Section 304 of the Indian Indian Penal Code.

(2.) Some of the facts of this case cannot be disputed. Kunwar Karan Singh is a zemindar who owns about 16 biswas share of land in village Gajraula. In the beginning of January 1923 some trees growing on the land of certain tenants were cut down under the orders of Kunwar Karan Singh. Two of these trees were allowed to be removed by him without any protest from these tenants. A pipal tree growing on a field belonging to Umrao, appellant No. 1, was also cut down under the orders of Kunwdr Karan Singh while Umrao was absent. This tree, however, was not removed from the field and was allowed to he there for some time. On the 23 of March 1923 the zemindar sent some carpenters to saw the trunk and then to remove it. A protest was made on behalf of Umrao who asserted a right in himself. The carpenters, therefore, had to come away and nothing further was heard of till the 2 April, 1923 when in the morning the zemidars agent, two of the sons of the agent, and two carpenters went to the field to saw the tree. It is not disputed on behalf of the appellants that at that time Umrao, Bhima, Nanhua and Heta, the appellants Nos. 1 to 4, were present there and remonstrated with Baldeo Singh, the zemindar's agent, about the cutting of the tree. They openly said that they would not allow the tree to be cut or to be taken away.

(3.) The prosecution story is that the agent and his men went to that place armed with canes or small sticks in order to explain to Umrao that he should not object to the cutting or to the removal of the tree, that Nanhua ran to the village which is not very far off from the field and brought some 12 or 13 more men armed with lathis who all fell on the agent and his men causing numerous injuries. Bansi one of the agent's party received two severe blows on the head and was knocked down and after the fight had to be removed to the zemindars enclosure and then to the hospital. He was in hospital for some time and then was taken to his home. The Civil Surgeon paid two visits to him. He later on had an attack of pneumonia and died of it on the 23 of May 1923. According to the story told by the prosecution witnesses Udai Ram, the village chaukidar, and two or three other men wanted to intervene and prevent the fight but they, too, were very severely beaten, the chaukidar receiving no less than 18 injuries including a broken finger which was a grievous hurt.