KUAR KOERI Vs. EMPEROR

JUDGEMENT

(1.) The twenty-one appellants, who are Koeris and related to one another have been convicted under Secs.302, 302-149, 148 and 324, Indian Penal Code, and have been sentenced to various terms of imprisonment. Two other persons Muklal Koeri and Kamnandan Koeri were also put on trial but were acquitted.

(2.) The occurrence is said to have taken place at about 6 P.M. on August 28 last, in village Andaur of the Shahabad District, when about 25 cattle belonging to the appellant Kuar Koeri and others grazed a part of plot No. 1 of the village which is a large plot recorded in survey as gair mazrua land of the landlords. Four bighas out of this plot are said to have been settled on bhaoli terms with Inder Singh, and this portion of the plot is said to have been grazed. On the western boundary of these four bighas is plot No. 2 which is the kasht land of the appellant Kuar Koeri. When the grazing began Inder and his cousin Raghubir are said to have interfered, and one of the cowherds in charge ran away to the village. Then a mob, including all the appellants, came to the spot, Armed with lathis and spears and attacked Inder Singh and his companions. The result was that Inder Singh is said to have been killed by Kuar, Sukar and Parma, appellants, and his cousin Raghubir is said to have been killed by fcodhi and KishunJ All these persons have been convicted under Section 302, Indian Penal Code, for committing these murders. Pour other persons, Ganga Dayal Singh, Rim Sarup Lohar, Shankar Lohar and Peyar Lohar are also said to have been attacked and injured, and charges were framed against seven of the appellants under Section 324, Indian Penal Code, in connection with these assaults. All the appellants were also charged under Section 302, 149 and Section 148, Indian Penal Code, as being members of the mob, which after the assaults rescued the cattle and took them back to the village. Inder is said to have died immediately on being assaulted, while Raghubir was taken to the thana, four miles away where, he lodged a first information that evening. He, however, died that night in the hospital.

(3.) The prosecution examined 12 eye-witnesses who are said to have been present at the occurrence as well as one other person who is said to have arrived just afterwards. After the occurrence, the appellant Kuar Koeri was found to have been injured and to have gone to Sasaram hospital where he was examined on the day following the occurrence and lodged a counter-information. This information was to the effect that Inder, Asis Lohar and Peyar Lohar were cutting grass in his plot No. 2. He then remonstrated and was assaulted by Inder and others and fell unconscious. The other appellants were arrested or surrendered on various dates up to September 24, and it was found that Sukar, Bilas and Sakaldip had also received injuries. The story of these persons is that they also came to the spot and were assaulted, while the other appellants said that they were not there. The appellants examined no witnesses in support of their version of the occurrence.