JUDGMENT

Agarwal, J - This is an appeal by 24 persons who have been convicted under Sections 147, 323, 325 and 436 read with Section 149, Penal Code. The appellant, Qamarul Hasan, has been sentenced to two years' rigorous imprisonment under Section 147, to one year's rigorous imprisonment under Section 323, to three years rigorous imprisonment under Section 325 and to five years' rigorous imprisonment under Section 436. The appellants Babu Mian, Lokai, Jhamman, Niazu, Nanku, Brij Kishore, Subedar and Hasan Jan have been sentenced to two years rigorous imprisonment under Section 147, to one year's rigorous imprisonment under, Section 823, to three years rigorous imprisonment under Section 325 and to four years rigorous imprisonment under Section 436. The remaining appellants have been sentenced to two years rigorous imprisonment under Section 147, to one year's rigorous imprisonment under Section 828, to three years rigorous imprisonment under Section 325 and to three years rigorous imprisonment under Section 436. The sentences of all the accused have been made to run concurrently. There twenty-four persons, along with fourteen others, were tried by the learned Assistant Sessions Judge of Hardoi for the offences for which they were convicted. Some of them were also tried for the offence under Section 392 but acquitted. The appellant Qamarul Hasan was tried under Section 19(F), Arms Act, also, but acquitted. Fourteen of the accused were acquitted altogether.

2. There was a riot in mauza Sarai a hamlet of Bawan at about 5 P.M. on 25th May 1940. The appellant Qamarul Hasan and thirty-eight others were challanedon one side and Ram Shankar and forty-two others on the other side. Ram Shankar and the forty-two others were acquitted. Ram Shankar is lambardar of fifteen biswas of mauza Sarai and Qamarul Hasan of five biswas. One Mt. Kusma a pasi woman who was in occupation of a house in mauza Sarai died three or four years before the occurrence. The prosecution case is that after her death, her house was in ruins and only one kothri was left. One Partit was living in this mauza in the house of a person called Jhabbu Lal. Jhabbu Lal a few months before the occurrence told Partit to vacate his house and he approached his zamindar Qamarul Hasan, accused, with the request that the house of Mt. Kusma which was lying vacant be given to him. Qamarul Hasan refused this request and then Partit approached the other zemindar Ram Shankar who told him that he might occupy the house. Partit cleaned the house and then removed his belongings to it in the morning of 25th May 1940. Qamarul Hasan did not like this and so he came to village Sarai in the evening with three or four hundred persons and asked Partit to vacate the house at once. Partit replied that as he had been given possession by Ram Shankar he might be allowed to remain in the house. While this talk between Qamarul Hasan and Partit was going on, Ram Saran, brother of Ram Shankar with a few others came and Ram Saran told Qamarul Hasan that his brother had given the house to Partit to live in and if he had any grievance he might bring a suit in the civil Court and thereupon Qamarul Hasan who had brought with him four cartloads of brickbats, ordered his men to pelt brickbats at Ram Saran and others who had collected on his behalf. Brickbats were accordingly thrown and when Ram Saran and his men had run away, Qamarul Hasan ordered that the houses of the villagers be set on fire and the property contained in them be looted. This was accordingly done. It is also said that Qamarul Hasan resorted to firing. While the houses were being burnt, the Maharaj Kumar of Kapurthalahappened topassalong the canal bank which is near the village. The rioters ran away on hearing the approach of the car and the Maharaj Kumar went at once to Hardoi which is a distance of seven miles by one route and ten miles by another and gave some information to the Superintendent of Police. The Superintendent of Police came to