LOGENDRANATH JHA Vs. POLAI LAL BISWAS
LAWS(SC)-1951-5-12
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on May 05,1951

LOGENDRANATH JHA Appellant
VERSUS
POLAI LAL BISWAS Respondents


Referred Judgements :-

GULAB VS. STATE [REFERRED]



Cited Judgements :-

KUSUM GOSWAMI VS. MUKHTIAR SINGH [LAWS(DLH)-1969-9-18] [REFERRED]
CHANDGI RAM VS. RAM PHAL [LAWS(DLH)-1973-2-12] [REFERRED TO]
BAKSHI SITA RAM VS. LACHHMI CHAND [LAWS(HPH)-1953-7-4] [REFERRED TO]
RAVULA ANANTAIAH VS. NIMMAGADDA KISTAIAH [LAWS(APH)-1971-6-8] [REFERRED TO]
K S NAMJUNDAIAH VS. SETTI CHIKKA THIPPANNA [LAWS(KAR)-1952-3-2] [REFERRED TO]
KASHIRAM VS. BHAGWANDAS LALLU KURMI [LAWS(MPH)-1958-9-8] [REFERRED TO]
LALJI BHAI KALYANJI VS. COLLECTOR [LAWS(MPH)-1965-1-6] [REFERRED TO]
GOPALAN VS. STATE OF KERALA [LAWS(KER)-1961-10-10] [REFERRED TO]
V G PAWAR ASST MANAGER PHAITAN VS. SHANTILAL MULOKCHAND DOSHI [LAWS(BOM)-1976-7-10] [REFERRED TO]
SUDHIR KUAR NANDI VS. DHIREN NANDI [LAWS(CAL)-2007-2-39] [REFERRED TO]
SHOBHA VS. STATE OF KERALA, REPRESENTED BY THE C I OF POLICE KUTHUPARAMBA KANNUR DISTRICT [LAWS(KER)-2012-2-26] [REFERRED TO]
TUKARAM RAMA PATIL VS. PANDURANG NARAYAN PATIL [LAWS(BOM)-2007-2-102] [REFERRED TO]
STATE VS. ALAKH NARAIN SINGH [LAWS(PAT)-1952-12-8] [REFERRED TO]
HARI RAM VS. SATBIR SINGH [LAWS(P&H)-2009-2-55] [REFERRED TO]
KALLURI VEMA REDDY VS. REDDI GANGI REDDI [LAWS(APH)-1956-7-5] [REFERRED TO]
SURESH PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-2013-12-48] [REFERRED TO]
SHIV NARAIN SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-2-84] [REFERRED TO]
REEMA AGGARWAL VS. ANUPAM [LAWS(P&H)-2013-11-154] [REFERRED TO]
JAGGAN NATH VS. LAXMI NARAIN [LAWS(ALL)-1962-6-2] [REFERRED TO]
SARVESH CHATURVEDI AND ORS. VS. STATE NCT OF DELHI AND ORS. [LAWS(DLH)-2015-2-150] [REFERRED TO]
BAL GOPAL VERMA AND ORS. VS. SANDEEP TANWAR AND ORS. [LAWS(RAJ)-2015-3-117] [REFERRED TO]
NABAKISHORE BEHERA VS. BHAGABAT NAIK AND ORS. [LAWS(ORI)-2000-11-35] [REFERRED TO]
DHARM SINGH VS. THE STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2014-12-183] [REFERRED TO]
M. NATARAJAN VS. THIRU. K.R. PALANICHAMY AND ORS. [LAWS(MAD)-2015-6-100] [REFERRED TO]
VARSHABEN DASHRATHLAL TRIVEDI VS. STATE OF GUJARAT [LAWS(GJH)-2013-2-542] [REFERRED TO]
ABHILASHA VS. ASHOK DONGRE [LAWS(MPH)-2015-8-34] [REFERRED TO]
JAI SINGH VS. STATE OF HARYANA [LAWS(P&H)-2014-5-807] [REFERRED TO]
THE RAVIDAS COOPERATIVE HOUSE BUILDING SOCIETY LIMITED VS. GURCHARAN SINGH AND ANOTHER [LAWS(P&H)-2008-2-324] [REFERRED TO]
MANJU VS. STATE AND ORS. [LAWS(DLH)-2016-1-94] [REFERRED TO]
TATA KORF ENGINEERING SERVICES LTD. VS. COMMISSIONER OF INCOME TAX, KOLKATA - I AND ORS. [LAWS(CAL)-2016-1-46] [REFERRED TO]
DHIRENDRA NATH MITRA VS. MUKANDA LAL SEN [LAWS(SC)-1955-3-15] [RELIED ON]
KHETRABASI SAMUAL F VS. STATE OF ORISSA [LAWS(SC)-1969-8-42] [REFERRED TO]
AKALU AHIR VS. RAMDEO RAM [LAWS(SC)-1973-5-25] [REFERRED TO]
SATYENDRA NATH DUTTA VS. RAM NARAIN [LAWS(SC)-1974-11-29] [RELIED ON]
THAKUR DAS VS. STATE OF MADHYA PRADESH [LAWS(SC)-1977-10-4] [RELIED ON]
BANSI LAL VS. LAXMAN SINGH [LAWS(SC)-1986-7-10] [CITED]
THANKAPPAN NADAR VS. GOPALA KRISHNAN [LAWS(SC)-2002-4-118] [REFFERED]
JOHAR VS. MANGAL PRASAD [LAWS(SC)-2008-1-58] [REFERRED]
K RAMACHANDRAN VS. V N RAJAN [LAWS(SC)-2009-7-121] [REFERRED TO]
DURGA DEVI VS. VINOD KUMAR [LAWS(DLH)-2005-3-35] [REFERRED TO]
CHATURBHUJ VERSI VS. VAGHER VASTA BHIKHA [LAWS(GJH)-2000-2-88] [REFERRED]
ABEDINBHAI TURABBHAI VS. CHHAGANBHAI DEVABHAI BHARWAD [LAWS(GJH)-2000-6-48] [REFERRED]
RAHIMMIYA SADRUMIYA MALEK VS. MOHANSINH VAKHATSINH RAVALJI [LAWS(GJH)-2011-12-269] [REFERRED TO]
SHANKAR LAL SHARMA VS. LACHHAMAN [LAWS(ALL)-1984-11-35] [REFERRE TO]
SATYA NARAYAN VS. STATE OF U P [LAWS(ALL)-1997-8-114] [REFERRED TO]
SATYEADRA KUMAR ROY VS. KRIPAMAY MISHRA [LAWS(GAU)-1986-5-6] [REFERRED TO]
KALLURI VEMA REDDI VS. REDDI GANGI REDDI [LAWS(APH)-1958-2-9] [REFERRED TO]
SAYED AHMED LASKAR VS. STATE OF ASSAM [LAWS(GAU)-2007-11-3] [REFERRED TO]
PARAS NATH YADAV VS. STATE OF U P [LAWS(ALL)-2012-3-44] [REFERRED TO]
SAMA SUBHASH REDDY VS. S LALITHA ALIAS LALITHAMMA [LAWS(APH)-2009-9-67] [REFERRD TO [PARA 16]]
MUHAMMAD KHAN VS. GOURISHANKAR MISRA [LAWS(ORI)-1953-12-1] [REFERRED TO]
CATHOLIC UNION BANK LTD VS. ANTONY [LAWS(KER)-1960-5-5] [REFERRED TO]
STATE OF KERALA VS. VENKITA RAO [LAWS(KER)-1969-12-21] [REFERRED TO]
BULI DEI VS. KRUSHNA MOHAN PAHADSINGH [LAWS(ORI)-1995-5-19] [REFERRED TO]
NABAKISHORE BEHERA VS. BHAGABAT NAIK [LAWS(ORI)-2000-12-12] [REFERRED TO]
AHAMMED PILLAY VS. DANIEL [LAWS(KER)-1987-1-38] [REFERRED TO]
NILAKANTHA PRADHAN VS. STATE OF ORISSA [LAWS(ORI)-2010-2-31] [REFERRED TO]
MANAS SAMANTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-9-46] [REFERRED TO]
KUSTA BALSU KANDNEKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1985-9-33] [REFERRED TO]
A SOMU THEVAR VS. SIVAKUMAR [LAWS(MAD)-1996-11-38] [REFERRED TO]
DULBA S O TUKARAM BAKHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1987-2-22] [REFERRED TO]
CHANDRA VS. RAMCHANDRAN [LAWS(MAD)-1997-3-102] [REFERRED TO]
ANANDA TANTUBAI VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-9-35] [REFERRED TO]
SHANMUGAM VS. KARUPPANNAN [LAWS(MAD)-1998-4-140] [REFERRED TO]
SABITRI BARMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-4-76] [REFERRED TO]
JASODHAR JADAV VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-11-27] [REFERRED TO]
KRISHNANKUTTY VS. STATE OF KERALA [LAWS(KER)-2004-12-27] [REFERRED TO]
GORAKH NIMBA SHIRSAT VS. GULAB MURLIDHAR DABHOLE [LAWS(BOM)-1999-8-78] [REFERRED TO]
MAHABIR MISTRY VS. STATE OF BIHAR [LAWS(PAT)-1989-8-13] [REFERRED TO]
BHUWAL PRASAD VS. STATE OF BIHAR [LAWS(PAT)-1996-7-17] [REFERRED TO]
RUPA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-5-56] [REFERRED TO]
BHAGWATI LAL SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-11-37] [REFERRED TO]
SATISH KUMAR VS. CHANDER PARKASH [LAWS(P&H)-2009-3-63] [REFERRED TO]
SHOBHA VS. STATE OF KERALA [LAWS(KER)-2011-2-476] [REFERRED TO]
VIJAYKUMAR CHANAGI VS. SANJAY ALIAS JADIO GAGAJI ALIAS PRAHLADJI THAKORE [LAWS(GJH)-2013-1-62] [REFERRED TO]
VENKATESAN VS. RANI [LAWS(SC)-2013-8-37] [REFERRED TO]
UJJAWAL KUMAR CHOUDHARY VS. STATE OF JHARKHAND [LAWS(JHAR)-2004-8-50] [REFERRED TO]
Sanjay Tiwari VS. Hari Krishna Kaul [LAWS(MPH)-1992-9-31] [REFERRED TO]
AZHAR HOSSAIN VS. STATE OF BIHAR [LAWS(PAT)-2013-11-39] [REFERRED TO]
KIRAN @ GHELABHAI SHAMJIBHAI VACHHANI VS. STATE OF GUJARAT [LAWS(GJH)-2014-5-35] [REFERRED TO]
ASHOK @ HASMUKH PUNAMCHAND CHHOVALA VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-98] [REFERRED TO]
VELAYUDHAN VS. IYPUTTY [LAWS(KER)-1962-1-21] [REFERRED TO]
JONEY E.M. VS. STATE OF KERALA [LAWS(KER)-1994-9-41] [REFERRED TO]
S K MEHROTRA VS. JAHANGIR KABIR [LAWS(CAL)-1997-7-28] [REFERRED TO]
P. CHANDRAN VS. STATE OF KARNATAKA BY ALUR POLICE [LAWS(KAR)-2013-3-226] [REFERRED TO]
LOKESHWARA ALIAS LOKESHA VS. STATE OF KARNATAKA [LAWS(KAR)-2013-3-228] [REFERRED TO]
MST. KAULI W/O. PIRTHI VS. AFLATOON S/O MUNSHI RAM [LAWS(P&H)-1952-3-6] [REFERRED TO]
RAMDEO RAM VS. AKALU AHIR, [LAWS(PAT)-1969-10-7] [REFERRED TO]
BADRI PRASAD GARHEWAL VS. MOHAN SURYAWANSHI [LAWS(CHH)-2016-1-20] [REFERRED TO]
EKADASI MALLIK VS. BABAJI MALLIK AND OTHERS [LAWS(ORI)-1994-9-56] [REFERRED TO]
GOBORDHAN DATTA VS. SUBHAS CHANDRA AND OTHERS [LAWS(CAL)-1989-5-73] [REFERRED TO]
TUKARAM RAMA PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-2-210] [REFERRED]
K JAGADISH VS. STATE OF KARNATAKA [LAWS(KAR)-2013-3-278] [REFERRED]
TUKARAM VS. G N SHASHIDHAR AND ORS [LAWS(KAR)-2013-3-279] [REFERRED]
DINABANDU TALUKDAR VS. SANTOSH KUMAR HIMATSHINGKA [LAWS(GAU)-1986-8-27] [REFERRED TO]
VIMLA BAI OJHA VS. STATE OF M P AND OTHERS [LAWS(MPH)-2013-9-380] [REFERRED]
IN RE: TANUSHREE BHANDARY VS. STATE [LAWS(CAL)-2011-5-156] [REFERRED]
MOOKAIAH VS. KANNIKA AND ORS [LAWS(MAD)-2010-10-551] [REFERRED]
KARTAR SINGH VS. JOGA SINGH [LAWS(P&H)-2008-2-365] [REFERRED TO]
KARTAR SINGH VS. JOGA SINGH [LAWS(P&H)-1996-2-256] [REFERRED]
BALENDRA BHUSHAN SINGH VS. SHEKHAR SINGH AND (2) ORS. [LAWS(ALL)-2017-7-40] [REFERRED TO]
COURT ON ITS OWN MOTION VS. DHANRAJ [LAWS(DLH)-2017-3-115] [REFERRED TO]
ZAKIA AHSAN JAFRI VS. SPECIAL INVESTIGATION TEAM - SIT [LAWS(GJH)-2017-10-47] [REFERRED TO]
EXECUTIVE ENGINEER VS. STATE OF UTTARAKHAND & ANOTHER [LAWS(UTN)-2017-11-74] [REFERRED TO]
TEJ RAM VS. STATE OF HP [LAWS(HPH)-2016-4-283] [REFERRED TO]
COURT ON ITS OWN MOTION VS. BALWAN SINGH KHOKHAR S/O PURAN SINGH R/O WZ [LAWS(DLH)-2017-3-252] [REFERRED TO]
STATE VS. N K MALHOTRA & OTHER [LAWS(ALL)-2017-8-414] [REFERRED TO]
STATE VS. N K MALHOTRA & OTHER [LAWS(ALL)-2017-8-414] [REFERRED TO]
COURT ON ITS OWN MOTION VS. MAHENDER SINGH MANAN [LAWS(DLH)-2017-3-359] [REFERRED TO]
BABITA VS. STATE [LAWS(DLH)-2019-7-107] [REFERRED TO]
I.C.A. OF INDIA VS. D.K. AGRAWAL [LAWS(ALL)-2017-11-470] [REFERRED TO]
BINDU KUMARI VS. STATE OF J & K [LAWS(J&K)-2021-7-62] [REFERRED TO]
PRITI CHANDRA VS. ABDUL SULTAN [LAWS(CHH)-2021-11-42] [REFERRED TO]
LOBHAN VERMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-11-74] [REFERRED TO]
RAJESH ALIAS BACHCHAN YADAV VS. STATE OF U.P. [LAWS(ALL)-2021-12-96] [REFERRED TO]


JUDGEMENT

- (1.)This is an' appeal by special leave from an order of the High Court of Judicature at Patna setting aside an order of acquittal of the appellants by the Ses. J., Purnea, and directing their retrial.
(2.)The appellants were prosecuted for alleged offences under Ss. 147, 148, 323, 324, 326, 302 and 302/149, Penal Code, at the instance of one Polai Lal Biswas who lodged a complaint against them before the police. The prosecution case was that, while the complainant was harvesting the paddy crop on his field at about 10 a.m. on 29-11-1949, a mob of about fifty persons came on to the field armed with ballams, lathis and other weapons and that the first appellant Logendranath Jha, who was leading the mob, demanded a settlement of all outstanding disputes with the complainant and said he would not allow the paddy to be removed unless the disputes were settled. An altercation followed as a result of which Logendra ordered an assault by his men. Then Logendra and one of his men Harihar gave ballam blows to one of the labourers Kangali who fell down and died on the spot. Information was given to the police who investigated the case and Sub-mitted the charge-sheet. The committing Magistrate found that a 'prima facie' case was made out and committed the appellants to the Court of Sessions for trial.
(3.)The appellants pleaded not guilty alleging, 'inter alia', that Mohender and Debender, the brothers of Logendra (appellants 2 and 3) were not present in the village of Dandkhora with which they had no concern, as all the lands in that village had been allotted to Logendra at a previous partition, that Logendra himself was not in the village at the time of the occurrence but arrived soon after and was dragged to the place at the instance of his enemies in the village and was placed under arrest by the Assistant Sub--Inspector of Police who had arrived there previously. It was also alleged that there were two factions in the village, one of which was led by one Harimohan, a relation of the complainant, and the other by Logendra and there had been numerous revenue and criminal proceedings and long-standing enmity between the families of these leaders as a result of which this false case was foisted upon the appellants.
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