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PETITIONER: MIZAJI AND ANOTHER
Vs.
RESPONDENT: THE STATE OF U.P.
DATE OF JUDGMENT: 18/12/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER DAS, S.K.
CITATION: 1959 AIR 572 1959 SCR Supl. (1) 940 CITATOR INFO : D 1974 SC1039 (7,16)
ACT: Murder-Unlawful Assembly-Common object to take -forcible possession-Killing by one-Liability of others-Sentence- -Indian Penal Code, 1860, (XLV of 1860) ss. 149 and 302.
HEADNOTE: Early one morning the five appellants, Tej Singh armed with a spear, his son Mizaji armed with a pistol which he carried in the folds of his dhoti, his nephew Subedar, his cousin Machal and his servant Maiku armed with lathis went to take forcible possession of a field which was in the cultivatory possession of Rameshwar and others. While Tej Singh stood guard, Maiku started ploughing and overturning the jowar that had been sown in one portion of the field and the others started cutting the sugarcane which stood in another portion. When Rameshwar and others arrived they protested to Tej Singh, whereupon all the accused gathered near Tej Singh and asked the complainants to go away otherwise they would be finished. On their refusal to go, Tej Singh asked Mizaji to fire at them and Mizaji shot Rameshwar dead. The Courts below found that the common object of the unlawful assembly was to take forcible possession of the fie...