MOTI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants are six in number. Five of them have been convicted under section 147, I. P. C. and sentenced to one years' rigorous imprisonment each. The sixth, Misri Das, was convicted under sections 148 and 324, I. P. C. and sentenced to fifteen months; rigorous imprisonment under the former. No separate sentence was imposed under section 324.

(2.) The conviction of Misri Das under section 324 calls for no comment. He has been convicted under that head for his individual act and the only question raised there touches the credibility of the witnesses who have been believed. Following our usual rule not to interfere on questions of fact, we dismiss that part of the appeal.

(3.) The other matter depends on whether or not there was an unlawful assembly. It arises in this way. There was a dispute between some of those on the prosecution side and the appellants about the right to occupy and cultivate certain lands. It is proved that the title to them resides in Jattu Rai (P. W. 4) and one Gena Kumar. Originally they had belonged to one Mangal Das and certain others. A decree was obtained against them for arrears of rent. In execution the lands were put up to auction and were purchased by one Banarsi Prasad in 1927. He sold them to Jattu Rai (P. W. 4) and one Gena Kumar on 25-7-1928. None of this is disputed. The prosecution case is that Jattu Rai and Gena Kumar cultivated a portion of the purchased area themselves and cultivated the rest through their bataidars, Sonu Gope (P. W. 1). Sahdeo Gope (P. W. 5), Jadu Gope (P. W. 6), Manu Gope (P. W. 8) and Nankeshwar Pasban (P. W. 9). The appellants deny this and contend that they are the bataidars of Jattu and Gena and that they, and not the others, have been in cultivating possession ever since 25-7-1928. The finding of the Courts below is that neither side has been able to prove its possession. We must accept those facts.