Judgment

MAHAJAN, J. : These two appeals under Art. 134 of the Constitution have been preferred against the judgment of the High Court of Judicature at Nagpur, dated 5-2-1951, setting aside the acquittal of the appellants on charges of rioting and murder, and convicting them for the same.

2. The facts are these : One Wazir Ali was lambardar Malguzar of Mauza Dhadi, a village in tehsil Arvi of district Wardha (Madhya Pradesh). His widow Wazdi Begum succeeded him after his death to that office. She died in 1947, and the malguzari of the village was inherited by her nine sons, viz. Hasan Ali (P. W. 22), Rashid Ahmad (P. W. 23), Asadali, Bashir Ahmad, Nazir Ahmad, Ashraf Ali, Hafiz Ali, Aman Ali and Shiraz Ahmad. The last three were murdered 25-7-1949, two at the home where Hafiz Ali was on residing and Amam Ali at his own house.

3. According to the prosecution they were murdered in the following circumstances. The villagers of Dhadi had a dislike for the malguzars, as some amount of grazing dues and rents were in arrear from them. The malguzars had not been able to meet the Government demand for land revenue and on 16-7-1949 the Sub-Divisional Magistrate, Arvi, ordered the sale of the ma