BHOLA BIND Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by six persons who have been convicted and sentenced by the learned Assistant Sessions Judge of Motihari. The learned Judge has convicted the appellants, Bhola Bind and Rudal Bind under Section 304, Indian Penal Code, and sentenced them to undergo rigorous imprisonment for seven years each. He has further convicted the appellant, Sataha Bind, under Section 324 of the Code, and sentenced him to three years rigorous imprisonment. Ho has convicted the appellants, Bansi Bind and Aklu Bind, under Section 323, and sentenced them to one year's rigorous imprisonment each, and he has convicted all the appellants under Secs.148 and 379 of the Code, and sentenced them to undergo three years rigorous imprisonment each. All the sentences have been made concurrent. In all these findings the learned Judge was in agreement with the unanimous opinion of his assessors.

(2.) The case arose out of a riot which took place regarding the cutting of crops of certain Gangbarar lands situated in the northern portion of Hasuaha, the village of the appellants. The complainant's party are residents of village Ekawna, which lies on its northern boundary. It appears from the evidence, and it is not disputed, that formerly the river Sikrahna ran north of these lands, but the river gradually moved towards the south. The lands became diluviated, and gradually reformed north of the river. According to the prosecution, as the lands gradually alluviated, Parmeshwar Salmi, Debi Sahni and Dangar Sahni took possession of them as accretions to their lands, with which they amalgamated them. On the morning of 6 March 1942, about two gharis after sunrise, Ghughli Sahni, son of Permeshwur, learnt that the appellants with a mob of 30 or 35 men had come across the river from the south, and were cutting the crops standing on these lands. Ghughli and his brother, Majhi hurried to the spot, e. and found a mob armed with deadly weapons cutting the crops. Ghugli raised a halla whereupon Debi and Dangar ran up and found the mob cutting their crops also. They protested, whereupon the appellant Sataha assaulted Dangar with a garansa, and on his falling down Bhola and Rudal assaulted him with spears. Debi was also assaulted by Dhawal with a spear, and by Aklu and Bansi with lathis. After this, the mob carried away the cut crops.

(3.) Village Ekawna is situated within the jurisdiction of Dhaka thana whereas Hasuaha lies within Motihari thana. Consequently, Ghughli ran off to Dhaka thana, 8 miles distant, where he lodged the first information, at 1-30 P.M. This first information was sent to the Sub-Inspector of Motihari thana, who conducted the investigation. Meanwhile, however, Dangar, who was in a dying condition, was taken straight to Motihari hospital, and there his dying declaration was recorded by a Sub-Deputy Magistrate (P.W. 6). Dangar died in the hospital next day, the 7th, and the post mortem disclosed that death was due to spear wounds which he had received in the abdomen. There were three penetrating wounds in the abdomen, besides other injuries. The small intestines were punctured, and the liver was cut through.