UDIT NARAIN SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by 12 persons who have been convicted and sentenced under various sections of the Indian Penal Code by the learned Additional Sessions Judge, Bhagalpur, in connection with a case of rioting which occurred on the afternoon of the 25 October 1944, in village Bahadur Singh Chakla Dakhinwari situated within the jurisdiction of Madhipura police station and five miles from the thana headquarters. Thirteen persons were on trial before the learned Judge, but one was given the benefit of the doubt, as his name did not appear in the First Information Report.

(2.) Of the appellants Nageshwar Singh has been convicted under Section 302, Indian Penal Code for the murder of one Shivadhin or Shivadhari Singh, and has been sentenced to transportation for life. He has further been convicted under Section 148 of the Code, and sentenced to three years rigorous imprisonment to run concurrently, and he has also been convicted under Section 326 of the Code read with Section 149 but without separate sentence.

(3.) The appellant Udit Narain Singh has been convicted under Section 326 of the Code read with Section 109, and sentenced to seven years rigorous imprisonment. He has also been convicted under Section 326 read with Section 149, and sentenced to five years rigorous imprisonment, and under Section 147 of the Code and sentenced to two years rigorous imprisonment. All these sentences are to run concurrently.