RAM KHELAWAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) This Rule was issued on the District Magistrate of Patna to show cause why the conviction and sentences passed on the petitioners should not be set aside on the ground that they (the zemindars people) were acting in the exercise of their right bond fide in preventing the tenants from harvesting -ho crops in any place other than the village khalihan.

(2.) We have heard learned Counsel in support of the Rule, and perused the judgments of the lower Courts. Twenty persons were originally charged, variously, under Secs.147 and 148, and under Secs.324 and 326/149 of the Indian Penal Code, and convicted and sentenced to various terms of imprisonment. Some of them were also ordered to pay fines, and all of them were bound down under Section 106 of the Criminal Procedure Code to keep the peace for one year.

(3.) On appeal, the learned Sessions Judge acquitted twelve and convicted eight persons. Of these, four were convicted under Section 148 of the Indian Penal Code and the remaining four under Section 147. The rest were acquitted, the fines were remitted, and the order under Section 106 was discharged. These eight persons whose convictions were upheld obtained the Rule set out in the beginning of this judgment.