ADALAT SAH Vs. EMPEROR

JUDGEMENT

(1.) THIS is an appaal by three men who have been convicted by the learned Sessions Judge of Saran of rioting. One of them, Adalat Sab, has, under this charge, been sentenced to undergo rigorous imprison ment for three years, and the other two, Baran Sah and Shama Sab, have been sentenced to undergo rigorous imprisonment for two years each. Adalat Sah has also been convicted under Section 302, Indian Penal Code, and has been sentenced to transportation for life. Baran Sah and Shama Sah have been con victed under Section 326 read with Section 149, Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for five years each. The sentences are in each case to run con currently. The riot in which these men are said to have been concerned took place, on 11 April 1944, and in it one Asharfi Teli was killed. Asharfi Teli died in consequence of a blow with a bhala which severed the carotid artery and caused almost instantaneous death. He was not apparently struck any other blow. It is admitted this blow was struck by the appellant Adalat Sah. Two relations of Asharfi Teli, namely, Jamuna Sah and Seth Sah, were each struck a single blow, Jamuna Sah a blow with a bhala by the appellant Baran, and Seth Sah a blow with a pharsa by the appellant Shama. The appellants, and also another man Bitan Sah, who is a relation of theirs-and who for some reason car other was not committed to the Court of Session all sustained injuries. Each of them was struck several blows, apparently with bhas or similar weapons.