- (1.) MADAN Mohan Lal, J. This is an appeal against a judgment and order dated 29-3-1978 passed by Shri S. N. Misra, the then III Additional Sessions Judge, Basti by which he has convicted the appellants under Sections 148, I. P. C. and 324/149, I. P. C. and sentenced each of them to undergo R. I. for one year and two years respectively thereunder.
(2.) LAL Man and Sheo Man, appellants, are real brothers. Raja Ram and Ghiram, appellants are also real brothers. Hari LAL appellant is the son of Raja Ram appellant. There was close association between the appellants. Ram Samujh, injured and Shanker injured are cousins. Both the parties reside in the same village i. e. Doma Deeh, Police Station Mahuli, District Basti. There is a piece of land regarding which there was a dispute between the parties. The said land is situate towards east of the house of Ram Samujh, injured and towards south of the hose of Deoman who is the real brother of Lalman appellant. According to the case of the prosecution the said land was in possession of Ram Samujh, informant and he had stored his manure over the san r. It is the further case of the prosecution that on 29-3-1977 at about sunset all the appellants came there and started throwing away the aforesaid manure. The appellants wanted to keep their khaliyan over the said land to which Rani Samujh, informant, raised an objection. The appellants got annoyed and abused him. The appellants then started beating Ram Samujh, informant, who raised hue and cry which attracted Baldeo and Shanker to the place of occurrence but the appellants beat them as well. The prosecution side also wielded "lathies" in self-defence which caused injuries to the defence side,
(3.) IN support of its case the prosecution examined four witnesses. P. W. 1 Ram Samujh is the informant and P. W. 2 Shanker is an injured. Both of them have given an eye-witness account of the incident. P. W. 3 Ram Bali Yadav was Head Moharrir at Police Station Mahuli. He had deposed that on 29-3-1977 at 11. 10 a. m. he had received a written report of the incident on the basis thereof registered the case. P. W. 4 Dr. S. P. Singh had examined the injured persons oo 29-3-1977 at P. H. C. Nath Nagar. The appellants in their statements recorded under Section 313 Cr. P. C. denied the case of the prosecution. The appellants did not examine any witness in defence.;