Judgment

GHULAM HASAN, J. : These appeals filed by special leave granted on different dates arise out of two separate judgments passed by the Allahabad High Court on March 20, 1950. They relate to an occurrence of riot which took place at Manikarnika Ghat, Banaras, on December 9, 1947, at about 1 P. M. They have been heard together and will be disposed of by a common judgment.

2. The plan prepared in the case shows that Manikarnika Ghat has a tank known as the Manikarnika Kund. To the south of the Kund is a narrow lane about 7 feet wide and towards further south is a stone platform called Takhat Hazara . To the east of Takhat Hazara is the Takhat of Gajanand. Towards the east of Gajanand s Takhat is the Sindia Ghat and on the west of Takhat Hazara is a stone-paved platform and to the west of this platform there is a place called "Charan Paduka". To the south of the platform there is Chunawali-Marhi where Anjaninandan s Takhats are kept. To the west of Takhat Hazara there is a place called dasgatra where Daswan ceremonies are usually held.

3. There are two rival group of Pandas at the Ghat, one led by Anjaninandan and the other by Gajanand. The Pandas, as is well-known, minister to the needs of pilgrims visiting Banaras. It is common ground that there is a long-standing enmity between the rival groups of Anjaninandan and Gajanand. It is also not disputed that a riot took place on December 9, 1947, at about 1 P.M. at Manikarnika Ghat. In the riot Gajanand s group lost one of their number called- Sukkhu and the party as a whole received as many as 31 injuries including the four injuries on the deceased Sukkhu which consisted of incised, contused and lacerated wounds and abrasions.

The injuries received by Anjaninandan group were less numerous and less dangerous; altogether his party received ten injuries. Both sides were admittedly armed with sharp edged weapons. Two reports were made. One was made at 1 P.M. by Chammar, a servant of Gajanand, at Police Station Chowk, 2 furlongs away from the scene of occurrence and the other was made by Raghunath Dube at 1-30 P.M. on behalf of the rival group. The reports gave conflicting versions of the occurrence. One version was that when the Daswan ceremony of Pandit Raghunath Sharma was being performed at Chuna-wali-Marhi and the persons attending it were having their heads shaved, fifteen or sixteen persons, including Gajanand, came up and started attacking the party of Anjaninandan.

The contrary version was that Gajanand with his servants was busy performing the Puja for a pilgrim from Nepal when Anjaninandan came up with his men armed with gandasa, spears and lathis. Anjaninandan demanded his 1/4th share of the offering which Gajanand refused. This infuriated him and he abused Gajanand and ordered his men to attack. Gajanand s men in warding off the blow struck in self-defence. Both sides received various injuries during the riot, Sukkhu having lost his life. Fifteen persons of Gajanand s group and twelve of Anjaninandan s including the two leaders, were sent up to stand their trial for offences under section 147, sections 325/149, 324/149 and 323/149, I.P.C.

Against the latter group there was the additional charge under section 302//149, I.P.C. for the murder of Sukkhu. There were two separate trials. The learned Sessions Judge convicted five of Anjaninandan s group and sentenced them to various terms of imprisonment. He also convicted them under Section 302/149, I.P.C. and sentenced each of them to transportation for life but as in the opinion of the Sessions Judge Lalji had caused the fatal injury to Sukkhu with a gandasa, he passed a capital sentence against him. In the cross case all the accused were acquitted on the finding that the prosecution story was inherently improbable and unworthy of acceptance.

The five persons convicted on the side of Anjaninandan appealed to the High Court, while the Government filed an appeal against the order of acquittal. The High Court acquitted Lalji and a