Sahadev Ahir – Appellant
Versus
Emperor – Respondent
JUDGMENT
1. This Rule relates to the conviction of, and sentences passed by the Magistrate upon, Sahadev Ahir, Ramlakhan Ahir, Khedan Ahir, Deonath Ahir and Hurdeo Ahir in a rioting case, they being all convicted under sec. 147, I. P. C., and in addition to this, Deonath Ahir and Hardeo Ahir have been found guilty of the offence under sec. 326, I. P. C., and the three others, namely, Sahadev, Ramlakhan and Khedan, of the offence under sec. 326, coupled with sec. 149, I. P. C. It appears that there were two cross rioting cases instituted before the Magistrate, one of these cases being by one Simrikh. This man held certain lands under Sahadev as under-tenant in a Government estate; and his case was that the accused attempted to evict him by forcibly removing a hut on his land, and thus committed a riot, and that some of the party of the accused inflicted grievous hurt upon some of his (Simrikh's) party. The other case was started by Sahadev, his allegations being that Simrikh was never in possession of the land, and that the disturbance was caused by his (Simrikh's) party in attempting to put up a new maroi or hut on the land which was not in his (Simrikh's) possession. Thus, there we
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