Judgment

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 Ses. J., Purnea, & directing their retrial.

2. The appellants were prosecuted for alleged offences under Ss. 147, 148, 323, 324, 326, 302 & 302/149, Penal Code, at the instance of one Polai Lal Biswas who lodged a complaint against them before the police. The prosecution case was that, while the complainant was harvesting the paddy crop on his field at about 10 a.m. on 29-11-1949, a mob of about fifty persons came on to the field armed with ballams, lathis & other weapons & that the first appellant Logendranath Jha, who was leading the mob, demanded a settlement of all outstanding disputes with the complainant & said he would not 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 & one of his men Harihar gave ballam blows to one of the labourers Kangali who fell down & died on the spot. Information was given to the police who investigated the case & Sub-mitted the charge-sheet. The committing M