GOREY Vs. REX

JUDGEMENT

(1.) Gorey, Bhagwan, Ram Dayal, Ram Singh and Murli were charged under Section 304 read with Secs.149, 325 read with Section 149 and 147, Penal Code for being members of an unlawful assembly and, in prosecution of the common object of this assembly, for having committed the offence of rioting, and also culpable homicide not amounting to murder by causing such an injury to Sukha as resulted in his death and also voluntarily causing grievous hurt to Hoti. Ram Dayal, Ram Singh and Murli were acquitted by the learned Sessions Judge. Gorey and Bhagwan were convicted under Section 325, Indian Penal Code, only and sentenced to two years rigorous imprisonment each. They have come up in appeal to this Court.

(2.) The appellants and the other three accused who were acquitted are all residents of village Karaiya, police station Sahpau in the Mathura district. Gorey and Bhagwan appellants are brothers Ram Dayal and Ram Singh were also brother and Murli was their cousin. Ram Singh accused was also the headman of the village. Hoti and Sukha were nephew and uncle and lived, together in one house. Hoti had three more brothers, namely, Amru, Ram Prasad and Gulab and had one more uncle Churaman. Now Hoti and Sukha's house was near the house of Gorey and Bhagwan. Gorey and Bhagwan are sons of the Ghanshiam.

(3.) The prosecution case was that there was me open space in front of the houses of Sukha and Hoti on the one hand and Gorey, Bhagwan and Ghanshiam on the other. There were a number cattle troughs in that open space. About fifteen days before the occurrence of 18 September 45, which is the subject-matter of investigation the present case, Ghanshiam and his sons Gorey and Bhagwan had constructed a new cattle through in this open space. This was in front of Sukha and Hoti's house. No cattle, however, were tied on this cattle trough till 18th September 1945. On that date at about 8 P.M. Ghanshiam and his sons brought their cattle to be tied at this cattle trough, whereupon there arose a dispute between these three persons on the one hand and Hoti on the other. Hoti untied the cattle. Ram Singh and Murli incited Ghanshiam, Gorey and Ram Dayal to give a beating him. He was given a beating. Hoti cried out ad fell down. On hearing his cries, Sukha came at and tried to save him and he was also beaten by the above- named persons.