JUDGEMENT
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(1.)THESE are two connected appeals arising out of the same case.
(2.)SEVENTEEN persons, were prosecuted for committing a riot and for committing murder of one
babua Shambhu Prasad Singh, zamindar of village Rajhai, in the district of Gorakhpur. Of these
only six, namely, Prag Chauthi, Girgit, Adhare Singh, Mangru and Budhram, were convicted by
the learned Sessions Judge under Sections 143 and 302/140, I. P. C. and sentenced to two years'
r. I. under the former section and to transportation for life under the latter sections. The rest were
acquitted. Those who were convicted have appealed to this Court and their appeal is No. 639 of
1949. Out of the eleven acquitted persons, the Government has appealed against the acquittal of
three persons only, namely, Rambali, Jogi and Pirthi, and its appeal is No. 48 of 1950.
(3.)THE incident took place at about noon on 3rd October 1948. The prosecution evidence does
not clearly disclose what the origin of the incident was. On the date in question one Gobri
choukidar is stated to have phoned to the Police Station Kotwali, Gorakhpur, at about 1 p. m. and
is alleged to have made the following report:
"there is a field of Chauthi Pasi in which kodoarhar crop is sown. A case in respect of this field
is going on between Babua Shambhu Prasad and Chauthi Pasi, resident of Rajhai. Chauthi Pasi
along with 16-20 persons was getting the crop of this field reaped since 9 a. m. Bubua Shambhu
prasad on hearing about the reaping of the crop went to the field taking 12-14 Ahirs, whom he
had called from outside, armed with lathis and prevented the work going on in the field. Ghauthi
raised an alarm. Ram Bali, Parag Lonia, Girgit Lonia, Adhar Singh, Mahadeo Pasi, Algu Lonia,
prasad Lonia. Ram Deo Lonia, Panchoo Kewat and Deoki Pasi of Rajhai and other male
members of the families of these persons, armed with lathis and spears and shouting "mar, mar"
came up there. The Ahirs on seeing lathis and spears ran away. Then all those persons began to
beat Shambhu Babua. I was at my house. On hearing the alarm I ran up. The place from where
the fight was visible I ran up shouting that they should not beat him. Thereupon they stopped
beating him and ran away. Kodai Singh, Bepat Lohar, Sita Ram Gosami, Sita Ram Koeri, Surat
koeri and several other male and female of the village reached there while the marpit was going
on and witnessed everything. Babua Shambhu Prasad had become unconscious by the time I
reached there. He was breathing faintly. I have come running here to send a message by phone. He has received lathi and spear injuries all over his body. He is bleeding profusely. He may be
dead or alive. The marpit has taken place at noon. "
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