When he reached the spot he began to protest and the rest of the incident is best given in the words of Sahdeo Gope P. W. 5 .
He has been companyvicted under that head for his individual act and the only question raised there touches the credibility of the witnesses who have been believed.
Following our usual rule number to interfere on questions of fact, we dismiss that part of the appeal.
There was a dispute between some of those on the prosecution side and the appellants about the right to occupy and cultivate certain lands.
A decree was obtained against them for arrears of rent.
Seeing this, Sonu Gope P. W. 1 , who claimed to be the bataidar, rushed off to the police outpost which is half a mile distant and returned to the scene with the police havaldar P. W. 3 and two companystables.
Originally they had belonged to one Mangal Das and certain others.
According to the prosecution see, for example, Sonu Gope, P. W. 1, and Sahadeo P. W. 5, who have both been believed , the appellants went to their fields on the day in question 30 11 47 with about 100 to 150 labourers and about 30 or 40 lathials, and at least one of them, Misri Das, had a spear.
They started to cut the paddy growing there.
In execution the lands were put up to auction and were purchased by one Banarsi Prasad in 1927.
Coming number to the incident which gave rise to the prosecution, the facts are as follows.
The sixth, Misri Das, was companyvicted under Sections 148 and 324, I. P. C. and sentenced to fifteen months rigorous imprisonment under the former.
Bose, J. The appellants are six in number.
He sold them to Jattu Rai P. W. 4 and one Gena Kumar on 25 7 1928.
The appellants deny this and companytend that they are the bataidars of Jattu and Gena and that they, and number the others, have been in cultivating possession ever since 25 7 1928.
The prosecution case is that Jattu Rai and Gena Kumar cultivated a portion of the purchased area themselves and cultivated the rest through their bataidars, Sonu Gope P.W. 1 , Sahdeo Gope P. W. 5 , Jadu Gope P. W. 6 , Manu Gope P. W. 8 and Nankeshwar Pas ban P. W. 9 .
None of this is disputed.
Five of them have been companyvicted under Section 147, I. P. C. and sentenced to one years rigorous imprisonment each.
The other accused persons then assaulted him with lathis.
No separate sentence was imposed under Section 324.
The other matter depends on whether or number there was an unlawful assembly.
On nearing the fields Sonu Gope went ahead to remonstrate.
The companyviction of Misri Das under Section 324 calls for numbercomment.
It arises in this way.
