Judgment

Fazl Ali, J. - This is an appeal against a judgment of the High Court of Judicature at Allahabad reversing the decision of the Sessions Judge of Aligarh in a criminal case. The appellants were tried by the Sessions Judge on charges under S. 302 read with S. 149, S. 148, Ss. 325 & 326 read with S. 149, and S. 201, Penal Code, but were acquitted. On appeal by the State Government, the High Court reversed the Sessions Judge s decision, and convicted the appellants and sentenced them to transportation for life under S. 302 read with S. 149 to five years rigorous imprisonment under Ss. 325 and 326 read with S. 149, and to two years rigorous imprisonment under S. 147, Penal Code, all the sentences being made to run concurrently. The appellants thereafter applied to the Privy Council for special leave, which was granted on 28-10-1947.

2. The facts which were put before the Court on behalf of the prosecution may be briefly stated as follows : There is a plot No. 518 in Nagaria Patti Chaharum, village Shahgarh in the district of Aligarh which is about 30 bighas in area and is known as the "teesa" field. This plot was the "sir" land of several landlords including Mt. Bhagwati Kuer an