SATNARAIN DAS Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision on behalf of 13 persons who have been convicted by the learned Sub-Divisional Officer of Muzaffarpur for offences under Secs.148 and 147, I.P.C.

(2.) Two of the petitioners, namely Satnarayan Das and Babaji Raut, were also convicted under Section 326, I.P.C., and sentenced to "various terms of imprisonment, the sentences to run concurrently. The convictions and sentences have been upheld in appeal by the learned Additional Sessions Judge of Muzaffarpur. The facts which are necessary to be stated in order to determine the questions agitated before this Court and which have now been concurrently found by the two Courts of fact are these: On 5 and 6 May 1937, complainant Harnandan purchased the land in dispute by means of two documents from some persons who were neither the heirs of the admitted owner, Manrup, deceased, nor were in possession of this land. On 14 May 1937, the same property was purchased by means of a registered kobala by Sudarsan Das, chela of the Mahant Ramlakhan Das of Chourauth, from some persons who were the rightful heirs of Manrup and who were also in possession thereof up to the date of the transfer. The land is in village Khoria in which the complainant's party live and has an area of 2 bighas and 4 kathas at a distance of about two miles from the village Chourauth. The accused who are adherents of Sudarsan Das live either in village Chourauth or in the neigh, bourhood. Ever since the date of the rival purchases there was an apprehension of a breach of peace between the two kobaladars; rumours of this apprehension had reached the police authorities who on being informed deputed a dafadar to remain at the spot in order to see that no serious breach of peace occurred.

(3.) On the morning of 3 July 1937, choukidar Ramphal Raut was sent by the dafadar to go and inform the Sub-Inspector about the immediate apprehension of the breach of peace between the men of Sudarsan Das on the one side and Harnandan and others on the other; he reached the Police Station at 11 A.M. and came back to the spot with the Sub-Inspector, but by this time the marpit had already taken place. After the choukidar was sent to the Police Station the situation evidently became very tense and the dafadar Janki Singh states that as he had learnt that Harnandan Raut of Khoria and Mahant Earn Lakhan Das's men were going to come into conflict and have a marpit in village Khoria, he went to Earn Lakhan Das and on inquiries Earn Lakhan told him Jkhat be knew nothing about it. Sudarsan Das was there but he said nothing. On going to village Khoria however he met Harnandan who told him that he had a document for the land from before and that he expected that a mob would come from village Chourauth and that he would resist. Acting on this information he had sent the choukidar to the Police Station as stated already. But soon after, to use the exact words of the dafadar as translated: the mob of both sides came and I asked them not to fight.... They were also asked to avoid a breach of the peace and wait for the daroga who was to come.... None of the parties listened to me and there was a marpit.