Harries, C J - (1.)These are two connected appeals arising out of a criminal case tried by the learned Sessions Judge of Bhagalpur. The appellants in the two appeals are Jadu Jha, Bhukhan Jha, Satyadeo alias Sahdeo Missir, Rama Dhanuk, Shaikh Gafoor, Mahabir alias Jung Bahadur Gope and Rambrichh Singh. The two appeals arise out of the same matter and can be disposed of in one judgment. The seven appellants together with three other persons who were acquitted, were tried on a number of charges arising out of a riot which took place on 16 January 1939, in village Singhar, P.S. Kishunganj, in the District of Bhagalpur. Jadu Jha was charged under Secs.302 and 148, I.P.C., the appellants Bukhan Jha, Satyadeo, Ramo Dhanuk and Mahabir were charged under Section 148 and Section 302 read with Section 149, I.P.C.; and the appellants Shaikh Gafoor and Rambrichh Singh were charged under Section 147 and Section 302 read with Section 149, I.P.C. Jadu Jha was found not guilty of the charge under Section 302, I.P.C, but was convicted under Section 302 read with Section 149 and Section 148,1. P.C., and sentenced to transportation for life under Section 302 read with Section 149, I.P.C., and to two years rigorous imprisonment under Section 148, I.P.C., the sentences to run concurrently. The remaining appellants were found guilty under Section 302 read with Section 149and Section 147, I.P.C., and sentenced to transportation for life under Section 302 read with Section 149 and to one year's rigorous imprisonment under Section 147, the sentences to run concurrently.
(2.)It is against these convictions and sentences that the present appeals have been preferred. There can be no doubt that a riot took place in the village of Singhar on 16 January 1939, and that during the course of that riot one Jhapta Tiar was killed and another person Mukhlal Chaudhuri severely injured. It is in respect of the death of Jhapta Tiar that the seven appellants have been convicted under Section 302 read with Section 149, I.P.C. The case for the prosecution can be shortly stated as follows : In the village of Singhar there was a plot No. 657 of an area of about 1 1/2 bighas. This plot formed part of a larger area of 16 or 17 bighas, which was the bakasht land of Mahant Sundar Gir. This land has formerly formed part of a larger area which had been owned by one Sundar Mahto and his nephew Gorelal.
(3.)These two persons partitioned the land, and Sundar Mahto got the bakasht land on the north-west of the patti and Gorelal the land in the south-east portion. The appellant Jadu Jha and his brother Janardan Jha purchased the land of Sundar about eight years ago in execution of a money decree and the entire interest of Gorelal was purchased by Mahant Sundar Gir in 1933. The plot in question, it is said, formed part of the land allotted to Gorelal in this partition and therefore became the property of the mahant. In 1934 the mahant obtained dakhaldehani of the property and since then, it is said, he has been in khas possession of the same. In the year 1935 the appellant Jadu Jha undoubtedly laid claim to this bakasht land of Gorelal alleging that the latter had given it to him in raiyati settlement. There were proceedings under Section 144, Criminal P.C., between the appellant Jadu Jha and the mahant; but these proceedings were eventually compromised and the appellant Jadu Jha gave up all claims to the area of 16 bighas of bakasht land which included plot No. 657 which is the important plot in this case.