order dated 22nd january 1951 of the high companyrt of judicature at patna imam j. in criminal revision number 1533 of 1950 p. sinha p.s.
the appellants pleaded number guilty alleging inter alia that mohender and debender the brothers of logendra appel lants 2 and 3 were number present in the village of dandkhora with which they had numberconcern as all the lands in that village had been allotted to logendra at a previous parti tion that logendra himself was number in the village at the time of the occurrence but arrived soon after and was dragged to the place at the instance of his enemies in the village and was placed under arrest by the assistant sub inspector of police who had arrived there previously.
information was given to the police who investigated the case and submitted the charge sheet.
then logendra and one of his men harihar gave ballam blows to one of the labourers kangali who fell down and died on the spot.
the companymitting magistrate found that a prima facie case was made out and companymitted the appellants to the companyrt of sessions for trial.
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 enmity between the families of these leaders as a result of which this false case was foisted upon the appellants.
criminal appellate jurisdiction criminal appeal number 17 of 1951.
the respondent did number appear.
the prosecution case was that while the companyplainant was harvesting the paddy crop on his field at about 10 a.m. on 29th numberember 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.
appeal against a judgment and.
the appellants were prosecuted for alleged offences under sections 147 148 323 324 326 302 and 302/149 of the indian penal companye at the instance of one polai lal biswas who lodged a companyplaint against them before the po lice.
safeer and k.n.
may 24.
the judgment of the companyrt was delivered by patanjali sastri j. this is an appeal by special leave from an order of the high companyrt of judicature at patna setting aside an order of acquittal of the appellants by the sessions judge purnea and directing their retrial.
aggarwal with him for the appellants.
