DORIK GOPE Vs. EMPEROR

JUDGEMENT

(1.) This appeal is directed against the judgment of the Additional Sessions Judge, Purnea, dated 14 April 1945, convicting the appellant Dorik Gope under Section 802, Indian Penal Code, and sentencing him to transportation for life, and convicting the appellants Jadu Gope and Sundar Gope under Section 324, Indian Penal Code, sentencing them each to undergo rigorous imprisonment for two years.

(2.) The prosecution case is that Sarabjit Gope had taken settlement of 2.68 acres of land recorded in plot No. 1076 of Tola Ohakla of village Barahpara from Babu Gajanand Thakur, the then proprietor of the Balua Estate, in 1822 B.S. This settle, ment was followed by possession which, according to Sarabjit, was with him until the date of occurrence. In support of this settlement and possession, he produced an unregistered patta (Ex. 1) and rent receipts (Exs. 4 to 4-d). He further said that in the present year Sarabjit had cultivated the land with his own servants and had grown Bhadai and Agaihni paddy and that on 23 August 1948, he had cut and appropriated the Bhadai paddy that stood on the eastern portion of the land. On 6 September 1948, he had sent his servant Singheshwar Gope in Charge of certain female labourers and one male labourer Santu Nonia to reap the remaining Bhadai paddy. Singheshwar, on arriving at the field, found a mob of about 200 men under the leadership of the appellant Dorik Gope armed with various weapons such as bhala, swords, pharsas and lathis coming towards the field. On seeing this, he sent the aforesaid male labourer, Santu Nonia, to Sarabjit to inform him about this. Thereupon, Sarabjit came to the field along with Chul-hai Gope, Bhutai Gope, Gosai Gope, Ajab Lal Gope and Hardayal Gope with the object of settling the matter with the opponents. On arriving they found that there was exchange of words going on between Singheshwar and Dorik in course of which Dorik as also his associates Sundar and Jadu were insisting upon cutting the paddy, while Singheshwar was asking them to stop till his malik, meaning Sarabjit, would come and settle the matter amicably. It is said that upon this Dorik struck a blow on the left side of Singheshwar with his bhala as a result of which Singheshwar fell down dead. On this, Hardayal, his uncle, protested and ran to the aid of Singheshwar. He was, however, assaulted by Jadu and Sun-dar with swords. On account of this assault, Hardayal sustained certain injuries. Finding that Singheshwar was dead, the mob led by Dorik fled away. This happened on 6 September 1943, between 10 A. M. and 12 noon.

(3.) Sarabjit proceeded to the police-station Forbasganj which is eight miles from the place of occurrence and lodged his first information report at 6 P.M. The officer in charge of the police-station came to the locality at 12 midnight the same day, and sent the dead body of Singheshwar for postmortem examination and sent Hardayal for medical examination of his injuries. Sarabjit named 18 persons as being amongst the rioters including the present three appellants Dorik Gope, Jadu Gope and Sundar Gope.