In these circumstances, said the learned Judge, it does number appear to me to be probable that Polai would have been allowed to maintain himself by running adhi cultivation of his mamus land in the lifetime of his nani who has brought him up from his infancy like her own child.
The prosecution case was that, while the companyplainant was harvesting the paddy crop on his field at about 10 a.m. on 29th November, 1949, a mob of about fifty persons came on to the field armed with ballams, lathis and other weapons and that the first appellant Logendranath Jha, who was leading the mob, demanded a settlement of all outstanding disputes with the companyplainant and said he would number allow the paddy to be removed unless the disputes were settled.
An altercation followed as a result of which Logendra ordered an assault by his men.
Then Logendra and one of his men, Harihar, gave ballam blows to one of the abourers, Kangali, who fell down and died on the spot.
Information was given to the police who investigated the case and submitted the charge sheet.
It was also alleged that there were two factions in the village, one of which was led by one Harimohan, a relation of the companyplainant, and the other by Logendra and there had been numerous revenue and criminal proceedings and long standing enemity between the families of these leaders as a result of which this false case was foisted upon the appellants.
He did number claim to be a bataidar of any other person.
The companymitting Magistrate found that a prima facie case was made out and companymitted the appellants to the Court of Sessions for trial.
The appellants were prosecuted for alleged offences under sections 147, 148, 323, 324, 326, 302 and 302/149 of the Indian Penal Code at the instance of one Polai Lal Biswas who lodged a companyplaint against them before the police.
Patanjali Sastri, J. This is an appeal by special leave from an order of the High Court of Judicature at Patna setting aside an order of acquittal of the appellants by the Sessions Judge, Purnea, and directing their retrial.
