Court : Supreme Court of India
Reported in : [1950]SuppSCR144
Mahajan, J.1. This is an appeal by special leave against an order of the High Court at Patna, affirming the conviction of the appellant by the Additional Sessions Judge, Arrah, under s. 147, of the Indian Penal Code. 2. The appellant was charged along with 13 others with having been a member of an unlawful assembly 'with the common object of dispossessing one Chulhan Tewari (the complainant) and assaulting and murdering one Nasiba Ahir and others' and with having committed, in furtherance of that common object, offences under Sections 302, 326 and 147 read with s. 249 of the Indian Penal Code. The prosecution case was that the appellant led a party of 60 or 70 men armed with a gun and lathis to the scene of occurrence with a view to dispossess the complainant of the land bearing survey No. 520 appertaining to Khata No. 59 in village Sikaria, which the complainant claimed to belong to him. As the mob came upon the land to complainant remonstrated against their action, when the appellant...
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