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1956 Supreme(Raj) 278

SHARMA
MUKANDA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.C.Chatterjee, C.L.AGARWAL, J.P.JAIN

Judgment


SHARMA, J.

( 1 ) THIS is an appeal by Mukanda and 14 others who have been convicted and sentenced by the learned Sessions Judge, Alwar as follows:

( 2 ) ACCORDING to the prosecution, in the village Anandpur, Tehsil Behror, District alwar, there are two principal communities, namely, Ahirs and Chamars. There are about 50 houses of Ahirs and 20 or ,25 houses Of Chamars there. The Chamars had made applications to the district authorities for allotting some banjar land in the village to them for cultivation; The Ahirs took strong exception to it and on this ground, the relations between the two communities were strained. The Ahirs prevented the Chamars from grazing their cattle in the banjar land and also from using water of the village pond. Criminal proceedings were, therefore, going on between these two communities under Section 107, Cr. P. C. , when the occurrence of the 28th September, 1954 with which I am concerned in this appeal, took place. On the said date in the morning, the Ahirs of Anandpur including the first eight appellants mentioned above, formed an unlawful assembly with the common object of beating the Chamars and to teach them a lesson and in prosecution of





















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