WAZIR Vs. SARJU BHAR

JUDGEMENT

(1.) This application is not of a usual character. The circumstances in which it has arisen are these:

(2.) In March 1924, during the Holi festival, a party of men were coming in the morning from the village Sajai in the Azamgarh District to the village of Khairuddinpur. They were on their way to celebrate the Holi in the latter village. The two villages are close together.

(3.) On their way they met a Mahomedan called Wazir who was sitting near a well. Wazir had lost in the previous night a certain amount of grass and thatching grass which the celebrators of the Holi had taken away with which to feed the Holi fire. Wazir was naturally not in the best temper over his loss and the party from Sajai made matters worse by taunting him with his incapacity to look after his own property. Wazir answered sharply and thereupon the party from Sajai attacked him. They chased him to his house and proceeded to pull out of the thatch the supports with which to attack him still further. He came out with a stick and apparently tried to defend himself. This party began to get the better of him.