Judgment

P. JAGANMOHAN REDDY, J.- This appeal by special leave is directed against the judgment of the Allahabad High Court setting aside the conviction of Hori Lal and Bisram under Section 307 read with Section 34 of the I.P.C. and instead convicting them under Section 326 read with Section 34 I.P.C. and sentencing each of them to rigorous imprisonment for 5 years.

2. The appellants who are the residents of Bhitwa Gadan Khera are friends belonging to the same party. It was alleged that on June 14, 1964 Bisram s cattle strayed into the field and damaged the crop of Deo Dutt who is the nephew of Sagar Singh and Jeet Bahadur. In respect of this damage Deo Dutt and his partner Ram Bharose complained to Bisram who along with some other persons went to the house of Deo Dutt and threatened him and the members of his family including Jeet Bahadur and Sagar Singh. Thereupon Deo Dutt lodged a complaint in the Police Station. Because of this complaint relations between the parties became strained as a result of which the accused stopped working for Jeet Bahadur and Sagar Singh and even asked the other members of his beradari to follow suit. On March 29, 1965 at about 5.30 p.m. Jeet Bahadur P.W