BADRI PRASAD Vs. EMPEROR

JUDGEMENT

(1.) This is a criminal revision, in which I reserved judgment; not because the case presented any legal difficulty, but because the circumstances of the convictions, the course of the proceedings and the nature of the punishments are unusual and, I trust, exceptional.

(2.) The trouble arises out of a dispute over a crop of moong in a certain village said to be about 20 miles from Allahabad. There had been some litigation about the land in the Revenue Court. One Beni Madho had been put in possession. Ram Dulare, the complainant in this case, claims to hold as sab-tenant of Beni Madho. One Badri, the principal accused, claims to hold a share by arrangement with Ram Dulare, and to have cultivated his share of the crop.

(3.) Disputes having begun some few days before between the complainant and Badri as to Badri s right to any share in the crops, Badri brought matters to a head on November 30 by beginning to cut his alleged share. There was no concealment about it. Badri employed two men Ram Kumar and Gaya Prasad to assist him in cutting. It was all done openly, and the portions cut were openly removed to the threshing floor.