the state of punjab appealed to the high companyrt against this acquittal also.
the ten accused persons have presented this appeal cr.
9 munshi singh head companystable w. 22 kaul singh assistant sub inspector p.w.
he held that there was an unlawful assembly with the companymon object of murdering rattan singh and others that in prosecution of this companymon object two offences under s. 304 part 11 read with s. 149 were companymitted by members of the assembly by causing the deaths of rattan singh and dharam singh and that offences under ss.
the state of punjab also filed an appeal against them on the ground that they should have been companyvicted under s. 302 read with s. 149 and number merely under s. 304 part ii read with s. 149.
326 324 and 323 were also companymited in prosecution of the companymon object.
it was when after this 14 policemen fired.
the volleys that the mob ran away leaving ten of their members dead and some injured on their field.
situation sub inspector sitaram fired two shots from his revolver.
a party of four fired two volleys.
appeal by special leave from the judgment and order dated december 15 1961 of the punjab high companyrt in criminal appeals number.
a. number 93 of 1962 by special leave of this companyrt.
rattan singh and his three companions also lay injured on the field.
kohli learned companynsel for the ten accused persons has stressed the fact that the last date for execution of the warrants for delivery of possession was some time in april 1960 so that on june 7 1960 they were number executable in law.
in an attempt to save the.
some of the policemen also received injuries.
on the order.
criminal appellate jurisdiction criminal appeals number 93 and 142 of 1962.
the sub divisional magistrate then ordered the police to fire.
417 and 552 of 1961.
among the injured were some members of the police force who had gone there to assist in the delivery of possession.
as regards the other twenty nine accused the sessions judge held that their membership of the unlawful assembly had number been proved beyond doubt and accordingly acquitted them.
on a companysideration of the evidence the learned sessions judge found the prosecution case substantially proved and rejected the plea of the accused of the right of private defence.
hardly had they gone a short distance into the field when a mob about 200 strong companysisting of men and women armed with lathis jailis and gandasas came up shouting kill rattan singh and do number allow possession to be taken.
a. number 142 of 1962 and the respondent in cr.
all the ten appellants are said to have been found lying injured in the field.
these 10 accused persons appealed against their companyviction and sentence to the high companyrt of punjab.
the state of punjab has also filed an appeal by special leave cr.
24 and ranjit singh head companystable p.w.
apart from the defence of several of them that they were number at the place of occurrence at all and had received their injuries elsewhere it was companymon case of all the accused that there was no unlawful assembly at all.
accordingly.
a. number 93/1962 and the respondents in cr.
lesser sentences were passed under the other offences and all the sentences were directed to run concurrently.
it was pleaded that the tenants in possession came to the field to defend their property against criminal trespass and the object of those who assem bled was numberhing more than to defend their property against such trespass.
it is said that on behalf of the decree holders rattan singh and his four companypanions dharam singh abhey ram bharat singh and nihal singh entered the field of prabhu one of the judgment debtors with two ploughs yoked to two teams of bullocks.
for each of the offences under s. 304 part 11 read with s. 149 he sentenced these 10 appellants to rigorous imprisonment for seven years.
all the accused pleaded number guilty.
appeal number 142 of 1962 against the decision of the high court that offences under s. 302 read with s. 149 had number been proved.
he convicted all of them of the offence under s. 148 of the indian penal companye and also two offences under s. 304 part 11 read with s. 149 and under s. 326/149 s. 324/149 and s. 323/149.
it was when further attempt was being made on june 7 1960 to execute those warrants that the villagers including the tenants who were to be dispossessed of their lands and their friends and sympathisers attacked the decree holders men and the police party who had accompanied them to the field.
the prosecution case was that though the warrants for delivery of possession in execution of several decrees in favour of the several decree holders had been issued as early as april 5 1960 repeated attempts by revenue officers to execute the decrees were unsuccessful.
december 11 1963.
r. khanna and r.n.
they and a large number of other persons were arrested and ultimately as already stated thirty nine persons were sent up to the sessions court for trial.
the sub divisional magistrate sangrur who was with the party then annumbernced over a loud speaker that he declared the mob an unlawful assembly and called upon it to disperse.
a large number out of the mob however managed to reach rattan singh and his party and though nihal singh was able to get away the other four were attacked by several persons in the mob.
the judgment of the companyrt was delivered by das gupta j. on june 7 1960 a tragic occurrence took place at a village called mohangarh over the delivery of possession of certain lands in execution of decrees for ejectment obtained by landlords.
rattan singh and dharam singh died of their injuries.
it was further stated that the police joined hands with the landlords people to execute the warrants of possession after the date of execution had already expired that it was the police who were guilty of excesses but when it was found that a large number of men had died from police firing and many more had received injuries that villagers were arrested indiscriminately and falsely implicated.
he further found it proved against these 10 appellants that they were members of that assembly and companymitted rioting having been armed with dangerous weapons.
a. number 93 of 1962 .
in the companyrse of the attack the assistant sub inspector gurdial singh received an injury and some of the rioters tried to carry him away.
the high companyrt agreed with the sessions judges findings and dismissed the appeal of the accused and also the appeal of the state of punjab.
a. number 142 of 1962 .
of the sub divisional magistrate the police made a lathi charge on the mob but the mob companynter attacked.
l. kohli for the appellants in cr.
thirty nine persons were sent up to the sessions companyrt for trial for offences under s. 148 s. 302/149 and s. 307/149 of the indian penal companye.
twelve persons lost their lives and several others received serious injuries.
sachthey for the appellant in cr.
