- (1.) THE appellants have been convicted under Section 147 and Section 302 read with Section 149, i. P. C. by the Sessions Judge of Agra for committing riot on 28-7-1950 at about 8. 30 in the morning in plot No. 62 of village Bachhgaiya police station Jaitpur district Agra and for beating phooljari and Gangadin during the commission of the riot as a result of which Phooljari died on the spot and Gangadin on 2-8-1950 in Bah hospital, where he was removed after the occurrence. They have each been sentenced to two years' rigorous imprisonment under Section 147, I. P. C. and to transportation for life under Section 302, read with Section 149, I. P. C. Both the sentences have been made concurrent.
(2.) IT appears that Phooljari, Gangadin and their brother Sheo Dayal had brought a suit for ejectment in respect of the plot No. 62 under Section 180, U. P. Tenancy Act against Chhotey accused which was decreed in their favour after a protracted litigation lasting for over four years. They obtained possession over the plot on 21-9-1949. As the delivery of possession had been stayed by a general order of the Board of Revenue issued on 15-9-1949 the delivery of possession which had been given to Phooljari and others was wrong and so possession was redelivered to Chhotey. After the stay order had been withdrawn, Phooljari and others again applied for delivery of possession to the revenue court and it was delivered to them by the court on 8-6-1950; thereafter, on the day of occurrence when Phooljari and Gangadin were cultivating the disputed plot, the appellants along with two others, namely Chhote and Ram Sahai, who have been acquitted by the lower court, came there armed with lathis and three ploughs and began to plough the same field from another corner and asked Gangadin and Phooljari to stop ploughing and on their refusal to do so they started beating them with lathis as a result of which both were severely injured and Phooljari died on the spot and Gangadin in the hospital.
(3.) THE report of the occurrence was dictated by Gangadin to Pota chaukidar of Nagla Brij who reached the place of occurrence after a short time and Pota chaukidar took the report to police station Jaitpur which is three miles to the north of the place of occurrence and handed it over there the same day at 12. 30 in the afternoon. All the accused except Ram Sahai are named in this report. After the report, the police went to the place of occurrence and there found the dead body of phooljari, and Gangadin severely injured. An inquest report of the dead body was prepared by the police and, therefore was sent for postmortem examination. Gangadin was sent to Bah hospital for examination and treatment.;