JUDGMENT

1. On 26th November 1931 at about 4 p. m., a very serious riot took place in village Rati, police station Mo-banlalganj, District Lucknow, In this riot two brothers Arjun Singh and Bhagwan Bhakhsh Singh, Thakurs of a village Barainda two miles from Rati, their nephew, Sheorakhan Singh and their cousin, Ajudhia Singh of village Kurri were all four killed and Jagmohan Singh another cousin of Arjun Singh was injured. The same night revenge was taken by a relative of Arjun Singh, who with a number of other men murdered Ram Ratan Brahman, one of the leaders of the party, who had beaten Arjun Singh and others, in his house in Rati village. For the latter murder Ram Autar Singh a relative of Arjun Singh and four of his men have been convicted of an offence under Section 302, I.P.C. and sentenced to transportation for life.

2. In the case with which we are concerned 19 men were committed for trial by the Court of Session for the murder of Arjun Singh and his three relatives. One of these Baij Nath Brahman was ill when the trial started and we understand that he has been separately tried. His case is not before us. Of the remaining eighteen, after a very careful trial, the learned Sessions Judge acquitted nine and convicted the nine appellants, Chheda Brahman of village Chi-lauli, Sarju Brahman of village Patka-pur, Babu Singh Thakur of village Pat-kapur, Bhullan Pasi of village Mastipur, Ajudhia son of Bhullai, Ajudhia son of Bhawani, Angnu and Ram Lal, Pasis, all of village Rati and Gangu Pasi of village Sarora of offences under Sections 302 and 147, I.P.C. For the offence under Section 302 they have all been sentenced to transportation for life and for the offence under Section 147 they have all been sentenced to two years' rigorous imprisonment, the sentences to run concurrently.

3. The facts that led up to the riot are not in dispute. Village Rati belongs to the Talukdar of Rajamau, a widow Thakur lady, and there is in this village a grove known as the Samda grove. One Rampal Singh Thakur, a resident of Bilaspur in the Central Provinces, has under-proprietary rights in village Rati and claims the ownership of this grove. In the revenue papers the grove is shown as belonging to the Rajamau estate, but for some time Sheorakhan Singh deceased who is the brother-in-law of Rampal Singh and manages his affairs in Rati under a power of attorney, and with the help of his relatives been endeavouring to assert Rampal Singh's rights to the possession of Samda grove. The methods adopted by these persons were to cut the grass of the grove, to graze cattle in it and to sell timber from the grove. On 28th April 1931, the talukdar through her zilledar Ram Behari Singh made an application to a Magistrate against Arjun Singh and Bhagwan Baksh Singh under Section 145, Criminal P.C. On 5th May 1931, Ram Behari Singh zilledar made an application under Section 107, Criminal P.C., for the binding over, to keep the peace, of Arjun Singh and Bhagwan Bakhsh Singh and four others, all four of whom were accused in the case relating to the murder of Ram Ratan but were acquitted, and two of whom, Jalla and Dargahi, are prosecution witnesses in the present case.

4. On 26th June 1931, Ram Behari Singh withdrew the application under Section 145 and prayed that proceedings under Section 107 only should be taken. He summoned among other witnesses Ram Ratan deceased, Bishesar one of the acquitted accused in the present case, Sheo Charan Singh the father of Ajudhia Singh, another acquitted accused, and Bhawani, the father of Ajudhia Pasi, one of the appellants before us. On 26th June 1931, a counter application under Section 107 was presented by Arjun Singh against Ram Behari Singh zilledar and Adhya Saran Singh, Manager of the Rajamau estate, Ram Ratan deceased, Sheo Charan Singh and Bisheshar mentioned above, and Ajudhia son of Bhullai appellant before us. On 26th August 1931 the District Magistrate ordered that proceedings in these cases should be taken un