Judgement

JAGANNADHA DAS, J. : This is an appeal by special leave against the judgment of the High Court of Rajasthan, whereby a number of accused who were acquitted by the Sessions Judge at the trial were convicted and sentenced on appeal by the High Court.

In addition, the High Court while confirming the conviction of another accused (Surjan) under S. 323, Penal Code convicted him also under S. 304, Penal Code and sentenced him therefore to ten years rigorous imprisonment.

2. The case arose out of an incident in the village of Dadoosan at or about 10. A. M. on 15-3-1949, between two rival groups. The village was a Jagir village belonging to a Jagirdar by name Thakore Bakhat Singh. The cultivating class in the village were mostly Bisnois and appear to have been split into two groups in connection with certain demands of the Jagirdar against the tenants, viz., the payment of hasal of Guar.

Twenty families of Bisnois in the village were in favour of the payment to the Jagirdar and seven families against it. The accused are partly members of these seven families and partly residents of adjoining belong villages. The prosecution witnesses belong mostly to the group of the twenty families