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1949 Supreme(All) 275

AGARWALA, RAGHUBAR DAYAL
Horam – Appellant
Versus
Rex – Respondent


JUDGMENT

Agarwala, J. - This is an appeal by seven persons, Horam, Chhote, Jithua, Mangala, Ram Chander, Jhabra and Moti, who have been convicted by the Sessions Judge of Moradabad under Sections 304/149 325/149 323/149 and 147, Penal Code, and sentenced to various terms of imprisonment, the maximum sentence being seven years.

2. The prosecution case was that the accused Ram Chander was a tenant of a certain plot in Village Jagua in the District of Moradabad in the zamindari of Mohammad Mehdi Raza. There were ejectment proceedings against Ram Chander and it was alleged possession was delivered by the court amin to the zemindar's representative on 1lth November 1945. At that time there were no crops in the field. In June 1946, be the prosecution story went on, the zemindar got a crop sown in the field but owing to excessive rain this crop did not come up satisfactorilly About ten days later, namely, on 27tb June I9i6, the zemindar decided to have the field reploughed and reown. He sent Teja along with Ram Das, Imam Baza, the zemindar's brother, and Sabir Husain, his karinda, to the field in question They started ploughing the field when the accused in a body came up on the scene and a

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