JUDGEMENT
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(1.)An incident or incidents of voilence took place on 19-8-1954 between certain Mallahs of village Datauji, police circle Firozabad in the district of Agra, in the course of which Bhup Singh and Gobardhan lost their lives while Ram Baksh, Ram Dayal, Kanhai, Lachman, Pyare Lal and Babu sustained injuries. After investigation Sub-Inspector Ram Chandra Singh filed a charge-sheet against twentyfive persons for offences Under Sections 302, 325, 323 and 148, IPC. Among these persons were Beni and Ram Singh. Ram Singh was absconding at the time and was prosecuted as such. The accused were tried in sessions trial No. 172 of 1954 by the Sessions Judge of Agra, who by his judgment dated 22-4-1955 acquitted them all. Shortly after that, on 10-5-1955, Ram Singh was arrested in another police circle. He was tried by the Additional Sessions Judge and sentenced to death Under Section 302/ 149, to five year's rigorous imprisonment Under Section 325/ 149, to nine months' rigorous imprisonment Under Section 323/ 149 and to two years' rigorous imprisonment Under Section 148, IPC. He has preferred the appeal against his conviction and sentences, while the learned trial Judge has made a reference for confirmation of his death sentence.
(2.)Now, in village Datauji there is a plot of land which used to be in the possession of the aforesaid Beni. About a year prior to the present occurrence the owners of the plot ejected Beni and leased it out to Daulat Ram and two others. The lessees in their turn made Bhup Singh and Gobardhan their sajhis or partners in it. It appears however that Beni was anxious to regain possession over the plot, and this gave rise to an apprehension of a breach of peace between him and his party on the one side and Bhup Singh and Gobardhan and their adherents on the other. A case Under Section 107, Code of Criminal Procedure was instituted, and appears to have been pending at the time the present occurrence took place.
(3.)The prosecution allege that the attack in which Bhup Singh and Gobardhan were killed and some of their associates injured was an act of revenge on the part of Beni and his adherents for Beni's dispossession of the aforesaid plot. Before we take up the prosecution narrative we should like to mention that some distance north of the abadi of Datauji is a railway line running roughly east to west, and fields of the village are situated on both sides of it. The line is apparently on an embankment, so that a person at ground level on one side of it cannot see the other side until he climbs up to the top of the embankment.
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