- (1.) These appeals arise out of the same judgment, dated 20/09/1973, of the High court of Allahabad. The prosecution story, as it emerges from the record, is as follows:
(2.) In the year 1965, Ratan Singh purchased 54.37 acres of agricultural land in the area of village Sitarampur. He built jhala (thatched huts) in the land. Subsequently, Nath Singh, appellant, also, purchased land situated towards the north and south of the farm of Ratan Singh. The farm of Ratan Singh was bounded on both sides by nallas. For going to his field, Nath Singh used to pass through the land of Ratan Singh. Ratan Singh objected to this. A few panchayats were, also convened to settle the dispute. One of such panchayats directed Nath Singh to go to his land along the nalla to the west. During rainy season, when the nalla was swollen, Ratan Singh allowed Nath Singh to pass through his farm. Nath Singh did not accept the decision of the panchayat.
(3.) On 11/11/1968 in the morning, Ratan Singh was in his farm for the purpose of supervising the ploughing which was being done by a tractor driven by Dharamraj. He saw Nath Singh passing through hisploughed land. Ratan Singh stopped Nath Singh and asked him to go by the western passage along the nalla in accordance with the decision of the panchayat reminding him that it was not rainy season. Nath Singh retaliated by hurling filthy abuses. A sharp altercation ensued between the two, and in spite of Ratan Singh's objection, Nath Singh went through the former's land to his plot.;