N.N.Sharma, J. - (1.) There are three appellants in this appeal; Radhey Kishan and Tika Ram, appellants are own brothers, Jhallu, appellants is their next door-neighbour.
(2.) Victim Suraj, aged about 45 years was eldest brother of Shyam, informant, P.W. 1; Ayodhya, P.W. 2, is younger brother of deceased Suraj but elder to Sham, informant.
(3.) Parties are Lodhies. Enclosure of appellants lay in-front of their house towards north as shown in site plan Ext. Ka-4. It appears that village pathway ran east-west delimiting this enclosure; some waste land was lying across this pathway towards north which had been enclosed by appellants. After blocking the passage as shown by letter A in said site plan.;