GURUNARAYAN DAS Vs. EMPEROR

JUDGEMENT

(1.) The convictions of and sentences upon the petitioners as reduced by the appellate Court, are as follows:

(2.) Gurunarayan Das--Nine months and a fine of Rs. 100 under Section 825, Indian Penal Code, and six months, to run concurrently, under Section 147. Bhagwat Mahto and Jagarnatn Singh--three months under Section 328, and three months, concurrently, under Section 147. Ramjatan Mahto--six months under Section 324, and six months, concurrently, under Section 148.

(3.) The relevant facts are as follows: Gurutahal Das a step-brother of Gurunarayan Das, had brought a suit for partition. As a result of that, according to the findings of the Courts of fact, on 28 March 1942, the petitioners made an attempt to eject Gurutahal Das and his brother, Sheotahal Das, from the family house by force. A fight ensued in which Gurutahal, in addition to other slight injuries, had both bones of his right fore-arm fractured. Jai Narain, however, a brother of Gurunarayan, was killed by someone on Sheotahal's side by a spear blow. A murder case ensued in which one Karu Sahu was convicted and condemned to death; but the conviction and sentence were set aside by the High Court, so that the case eventually ended in acquittal. The trial of the case against the petitioners was held up pending the disposal of the murder case. Hence the long delay.