HIGH COURT OF PATNA
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MISRA, J. -
(1.) THIS Application No. 847 of 52 and Criminal Revision No. 848 of 1952, which have been heard together, arise out of facts which are so intimately connected as, according to the prosecution to form part of the same occurrence, but two different cases were started against the accused persons. Some of the petitioners in Criminal Revision No. 847 six in number are the same as in Criminal Revision No. 848, and the point of law raised on behalf of the petitioners is identical in both these applications.
(2.) THE petitioners, except Rajmangal Singh, Lachhuman Singh and Ramballam Singh, were convicted under Section 147, Penal Code and sentenced to undergo rigorous imprisonment for six months each. Rajmangal Singh, Lachhuman Singh and Ramballam Singh were convicted under Section 148, Penal Code and sentenced to undergo rigorous imprisonment for one year each. Rajmangal Singh was also convicted under Section 326 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. Lachhuman Singh and Ramballam Singh were also convicted under Section 324, Penal Code and sentenced to six months' rigorous imprisonment. Baliram Singh, Deonandan Singh and Nema Mariari were further convicted under Section 323, Penal Code, but no separate sentence was passed under this section. All the sentences were ordered to run concurrently.
(3.) ON appeal the conviction under Sections 147 and 148 was affirmed, but the sentence was reduced from six months to two months' rigorous imprisonment in the case of the petitioners convicted under Section 147, and from one year to a period of six months' rigorous imprisonment in the case of the petitioners convicted under Section 148, Penal Code. The conviction and sentence under Sections 324 and 326 were maintained.
The prosecution case is that on 9.10.1949, one Narain Chamar Chaukidar reported at the police station Sitamarhi that there was an apprehension of a breach of the peace between the malik and certain people of village Punaura over the possession of a certain piece of land. The Sub -Inspector of Police, Sitamarhi, accordingly proceeded to the spot to prevent a breach of the peace, but before he could arrive, an occurrence had taken place between the parties. The police arrested three persons in connection with that occurrence, and left behind Narain Chamar Choukidar apparently to watch the situation, but they had not gone far from the village when they heard a hulla behind, and on coming to the place found Narain Chamar lying injured. It was stated to the police that Narain Chamar was injured by Deonandan Singh, Nema Mariari and Baliram Singh on the order passed by the last named person as Baliram Singh came to the field and started fixing pegs to which the choukidar objected. The Choukidar was also assaulted by the petitioner Rajmangal Singh with bhala, and Rajballam Singh assaulted him with a barchhi. It was on these allegations that the petitioners were put upon trial and convicted and sentenced, as I have stated above.;
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