Judgement

BEG, J.:- Thirty one accused persons were sent up for trial before the Additional Sessions Judge of Chapra on charges under Sections 147, 148, 323, 325, 326, 302/34, 302/149, Indian Penal Code. The appellant Jumuna Chaudhary was also charged separately under Section 302, Indian Penal Code. The prosecution case may be stated as follows: On 15-7-1965 at about 8 a.m. Dukhharan Koeri, P.W.22, his brother Sitaram Bhagat, P.W.20, his Sister-in-law Smt. Gulzaria, P.W.12, were weeding plot No.39 in village Rani Sari Swam, Smt. Sujhani, P.W.10, the mother of Dukhharan, P.W.22, Smt. Minia, P.W.14, and Dukhharan s neice Km. Ram Rati P.W.9, daughter of Sitaram, were also present there. A crowed of 80 to 85 persons from various villages, armed with Lathis, Bhalas, and Pharsas suddenly appeared and started attacking the unoffending Dukhharan and his relations in field No. 39. Names of 25 persons, including the appellants, are mentioned in the First Information Report lodged at Police Sation Mirganj in District Saran at 2.15 p.m. on 15-7-1965. In his evidence, Dukhharan stated that he ran away to a distance of 2 to 3 bighas to the south but returned to the scene of occurrence when the ac