KASHI RAM Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by seven persons, namely Kashi Ram, Chhotey Lal, Anant Ram, Banna Jat, Shib Sahai, Shib Dayal and Ram Charan who have been convicted by the learned Sessions Judge of Fatehgarh of the offence under Section 302 read with Section 149, I.P.C., and have been sentenced each to transportation for life.

(2.) The facts of the case are given in detail in the excellent and comprehensive judgment written by the learned Sessions Judge. The judgment requires hardly anything to be added to it. The facts as found by him, and so far as they do not relate directly to the guilt or otherwise of the appellants, are as follows: The correctness of the findings which we are presently going to mention has not been questioned by the learned Counsel appearing for the appellants. Indeed, the only points that have been discussed in the appeal have been the questions whether each and every one of the appellants have taken part in the commission of the offence. One of the pleas in the memorandum of appeal was that the appellants had acted in self-defence, but not a word was mentioned about this in the argument, nor could that plea have availed the accused.

(3.) It appears that at a short distance from and outside the town of Fatehgarh, on the south bank of the river Ganges there are two huge buildings known as bishrants of Shahus. As the name implies these buildings were erected as rest houses by some moneyed men or Shahus. Between the two buildings there is a small space of ground, and a dispute arose between the Hindus and Mahomedans as to whether the latter had a right to hold certain fairs on the Fridays of the month of Bhadon. The question was referred for settlement by the district authorities to the Tahsildar and the kotwal or city police officer of Fatehgarh. On 9 September 1926 the two officers met certain Hindus and Mahomedans, but no decision was arrived at, mainly because the two parties of Hindus and Mahomedans could not agree. The next day, 10 September 1926, was the third Friday of the month of Bhadon. On the afternoon of that day, some Hindus and Mahomedans came in collusion and this forms the subject-matter of this case.