SHEO AHIR Vs. EMPEROR

JUDGEMENT

(1.) The petitioners were convicted by a First Class Magistrate of Gaya under Section 143, I.P.C., and were sentenced to three months rigorous imprisonment and a fine of Rs. 15 each; in default of payment of fine they were to undergo another one month's rigorous imprisonment. They were also convicted under Section 342, I.P.C., but no separate sentence was passed in respect of this offence. On appeal the learned Sessions Judge has upheld the conviction under Section 143, I.P.C., has maintained the sentences but has set aside the conviction under Section 342, I.P.C.

(2.) The prosecution case shortly stated is that the landlords of the petitioners who had obtained four decrees against them, took out four warrants for attachment of their moveable properties. The petitioners formed the majority of the judgment- debtors. On 9 November 1937, four Civil Court peons along with two landlords men went to the village to effect the attachment. They attached about 30 head of cattle of the judgment-debtors and were proceeding to attach more when the petitioners along with others came armed with lathis, rescued the cattle and chased the two landlords men, the identifiers, till they took shelter in their kachahri.

(3.) It was alleged that the mob chained the door of the kachahri from outside and also restrained the peons for some time. One Dalip Narain Singh heard about the occurrence, came to the village, reasoned with the mob and then the two identifiers, Somnarain Singh and Bansidhar Narain Singh, were allowed to come out of the kachahri. The learned Magistrate found the occurrence to be entirely proved and convicted and sentenced the petitioners as stated above. The learned Sessions Judge, though he held the main occurrence to be true, has not believed the shutting up of the identifiers in the kachahri, and therefore has set aside the conviction under Section 342, I.P.C. The case was at first placed before a learned Judge of this Court, who, thinking that a question of law arose which required consideration, has referred the case to a Division Bench.