JANKI MAHTO Vs. EMPEROR

JUDGEMENT

(1.) The appellant having been convicted under Section 326, I.P.C. by the Sessions Judge of Gaya and sentenced to undergo rigorous imprisonment for two years has preferred this appeal against his conviction and sentence. It appears that there is a plot of land about 10 bighas in area in village Mow which was admittedly jagir tenure of one Ramkishore Pandey who is virtually the complainant in the present case. On 2 August, 1911 Ramkishore Pandey settled this land with Khargu Mahto, father of one Deodatt Mahto who was one of the accused persons tried with the appellant for a term of five years under a registered lease dated 2nd July 1911. This land came to be recorded as the kaimi land of the members of Deodatt's family in the record of rights which was finally published in 1916.

(2.) It appears however that an application was made under Section 108, Ben. Ten. Act, by Ramkishore Pandey before the survey authorities in which he attacked the entry as incorrect, and in the course of the proceeding a written statement was filed by one Komal Mahto, an uncle of Deodatt, in which he admitted the incorrectness of the entry. This matter however is of little importance for the purpose of determining the question of possession in this appeal, because it appears that on 30 June 1916 another lease was executed by Ramkishore Pande in favour of Deodatt; Mahto under which the land was settled with Deodutt Mahto and the other members of his family for a period of seven years.

(3.) There is no dispute that Deodatt Mahto and his relations continued to be in possession of the land up to 1923, but according to Ramkishore Pande they gave up possession in that year, and after being in khas possession of the land for some time, he settled it on 11 June 1924 with one Lachuman Sahu for a period of five years under a lease which was not registered. Ramkishore Pande has further stated that Lachuman Sahu continued to be in possession of the land even after the expiry of the term of the lease in consideration of his having advanced a sum of Rs. 200 to Ramkishore Pande, but he gave up possession some time in,1932 and the possession of the land was then taken over by Ramkishore Pande. It is not disputed that a serious fight took place between Ramkishore and his men on one side and Deodatt Mahto and a number of persons on the other side on 15th November 1932 in which one Ramkishun Singh was killed and one Musafir Singh received a grievous injury on the side of Ramkishore Pande and five persons were injured on the side of Deodatt, two of them Nihora Mahto and Naubat Mahto, having received grievous injuries.