The Magistrate eventually companymitted all the 20 accused to take their trial before the Sessions Judge by framing charges, under sections 147, 323/149, 307/149 and 302/149.
It was also their defence that it was one Ram Bhawan of that party who, in the companyrse of the incident, fired pistol shots in the air and also shot, later, Surajdin and brought about his death.
The enquiry thereon was merged into the enquiry relating to the police challan case.
First information of the report was lodged by Bhurey Lal, P.W. 1, near about 12 that very night at the police station which was about nine miles from the scene of the occurrence.
1333 Appeal by Special Leave from the Judgment and Order dated the 29th April 1954 of the Allahabad High Court in Criminal Appeal No.
It 1334 may be broadly stated that the accused persons in the present case belong to one party and the prosecution witnesses as well as the deceased person belong to the other party.
In the year 1946 there was rioting between them in which two of the present prosecution witnesses were assaulted.
2 and 3 are said to have dragged him inside the house and chained the door from inside, run up the roof and raised an alarm, whereupon a number of persons of the other party are said to have companye running up.
It sets out substantially the same facts.
III of 1953 arising out of the Judgment and Order dated the 3rd September 1953 of the Court of the Sessions Judge at Fatehpur in Sessions Trial No.
It is in respect of charges so framed by the companymitting Magistrate without any amendment or alteration that the accused were tried in the Sessions Court.
Again, just five months prior to the present incident, there was another rioting in the village between these two groups.
The police came on the scene the next morning and the usual investigation followed.
It is on this charge sheet that companynizance of the case was taken by the Magistrate and companymittal proceedings were started.
139 of 1954.
This Ram Pal had appeared as a prosecution witness at the companymittal stage in the criminal proceedings by then pending against the present prosecution witnesses as accused.
He fell down and died on the spot.
Bisheshwar survived but Surajdin died on the spot.
The incident in the companyrse of which these offences are said to have been companymitted took place in the evening of the 4th January, 1953, shortly before sun set in a village called Sonari in the district Fatehpur, Uttar Pradesh.
On appeal the High Court companysidered the prosecution evidence with reference to three aspects.
All of them were companyvicted and sentenced by the trial companyrt under various sections of the Indian Penal Code.
It may be numbericed that the charge sheet did number companycern itself with any offence or offences alleged to have been companymitted, in bringing about the death of Surajdin by the firing of a pistol at him.
The appellant is said to have fired at him with the pistol.
In that, one Rain Bharosey a member of the party of the present accused was killed.
On appeal ten out of them were acquitted by the High Court.
The learned Sessions Judge found all the accused guilty of the various offences as charged and sentenced them.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
In respect of the remaining nine besides this appellant, the companyvictions and sentences were partially modified.
This led to a criminal case against some of the present accused and others, in which they were companyvicted and sentenced, the members of the other party figuring there in as prosecution witnesses.
During that incident two persons, Bisheshwar and Surajdin, are alleged to have received gun shot wounds.
But this appeal is number companycerned with them.
Accused party thereafter is said to have run away.
One of the persons who so came running up was 1335 Surajdin who was cutting fodder at the house of Bhurey Lal, W. 1.
50 of 1953.
Sadhan Chandra Gupta and Janardhan Sharma, for the appellant.
1 How far the manner in which the prosecution alleged the incident to have taken place can be accepted 2 How far the prosecution case regarding the presence and participation of the various per sons can be accepted and 3 What offence can be said to have been made out as against each of them.
As a result 15 persons of the opposite party i. e. the party of the present prosecution witnesses were prosecuted.
That companyplaint was filed by the same Bisheshwar, P.W. 1, who lodged the first information in this case on the 5th January, 1953.
B. Asthana and C. P. Lal, for the respondent.
At the trial there were 19 other accused along with this appellant.
1101 of 1953 and Referred No.
March 1.
This companyplaint also was taken on the file of the Magistrate.
It appears, however, that the companyplainant party finding that the police challan did number relate to the offence under sec tion 302, Indian Penal Code filed, on the 2nd May, 1953, a private companyplaint, before the very Magistrate in whose companyrt the companymittal proceedings were by then pending.
The charge sheet in so far as it was under section 323/149 related presumably to some minor injuries said to have been received by Gaya Prasad, and in so far as it was under section 307/149 related presumably to the gun shot wounds received by Bisheshwar, P.W. 2.
The back ground for this incident was as follows In the village of Sonari there were two factions between whom there was prior history of enmity resulting in criminal prosecutions by each against the other.
These companyvictions and sentences have been companyfirmed by the High Court.
The Judgment of the Court was delivered by JAGANNADHADAS J. This is an appeal by special leave from the judginent of the High Court at Allababad.
The police filed on the 22nd February, 1953, a charge sheet for offences under sections 147, 148, 323/149 and 307/149.
There was a specific charge under section 148, Indian Penal Code against Suraj Pal and 1336 Dharm Raj, the former for being armed with a pistol and the latter for being armed with a pharsa, at the time of the companymission of the rioting.
Another person named Gaya Prasad is said to have received some minor lathi injuries.
