- (1.) THIS is an appeal by six per-sons, viz. , Maiku, Pusa, Mata Din, Sobha Ram, Nand Kishore and hari Shankar, who have Keen convicted by the learned Additional Sessions Judge of farrukhabad under Sections 147 and 428/149, Penal Code. Under the former section every one of them has been sentenced to undergo one year's rigorous imprisonment and under the latter to undergo three months' rigorous imprisonment. The sentences are to run concurrently.
(2.) MATA Din (appellant 3) is a Patwari, while Nand Kishore (appellant 5) is his brother. Sobha ram and Hari Shankar (appellants 4 and 6 respectively) are their nephews. All of them are brahmins. The remaining two appellants are Chamars by caste.
(3.) THE prosecution case is that the appellants along with a large number of persons who are said to have numbered one thousand approximately, formed an unlawful assembly and that, in prosecution of the common object of the said assembly, they cut Pokhpal's crop and also pulled down the chhappar of one Genda Chamar, burnt the chhappar and certain skins of dead carcasses which Genda had stored in his house. It may be pointed out at this stage that Mahtab Singh zamindar is said to have been interested in getting Pokhpal's crop cut. The charge levelled against the appellants was confined to their activities against Genda only. The cutting of pokhpal's crop was not the subject matter of charge because it appears that Mahtab had obtained through Court possession over Pokhpal's land together with the standing crop and therefore his act in cutting that crop was not supposed to be illegal. Anything done to Pokhpal's crop is, therefore, to be ignored for the purposes of the present litigation.;