Subba Rao, J. - (1.)These two appeals are directed against the judgment of the High Court of Judicature at Allahabad dismissing the appeal preferred by the appellants and maintaining the convictions and sentences imposed on them by the learned Sessions Judge, Meerut, under S. 147, S. 424, S. 452, S. 325, read with S. 149, and S. 323, read with S. 149, of the Indian Penal Code.
(2.)Briefly stated the case of the prosecution is as follows:One Har Narain had obtained a decree from the court of the Additional Munsif, Ghaziabad, against one Sunehri Jogi for a sum of money. In execution of that decree the Munsif issued a warrant for the attachment of the judgment-debtor's property. The amin to whom the said warrant was entrusted attached, inter alia, three buffaloes and two cows, which were in the house of the judgment-debtor, as his property. The amin kept the cattle in the custody of one Chhajju, the sapurdar. As the said sapurdar had no accommodation in his house for keeping the animals, he kept them for the night in the enclosure of the decree-holder with his permission. The next day, at about 7 a.m., the nine appellants, armed with lathies, went to the enclosure of the decree-holder and began to untie two of the attached buffaloes. The decree-holder, his son and his nephew protested against the acts of the appellants whereupon the appellants struck the three inmates of the house with lathies, and when P. W. 4 intervened, they struck him also with lathies. Thereafter, appellants 1, 2 and 3 took away the two -buffaloes followed by the other appellants.
(3.)The defence version is that on June 1, 1955, at about 7 a.m., the first appellant, Tika, was taking his two buffaloes for grazing when Har Narain and 11 others came with the amin and forcibly snatched the said buffaloes, that when Tika object to it, those 12 persons assaulted him with lathies, that when appellant 2, Raja Ram, came there, he was also assaulted, and that Tika and Raja Ram used their lathies in self-defence.