Judgment

PALEKAR, J:- This is an appeal by special leave from the judgment dated September 27, 1965 of the Patna High Court setting aside an order of acquittal passed by the learned Assistant Sessions Judge, Chapra and convicting the six accused and sentencing them to different terms of imprisonment.

2. Ten persons were put up before the learned Sessions Judge on charges under Sections 147, 148, 323,324, 326,307 and last two also r/w 109-IPC. The offences were committed in two incidents one following the other and arising out of it. Plot No. 1187 of village Bareja, a garden land, was in the possession of Shyamdutta Tiwari P. W. 11 and his co-sharers who were all Tiwaris. The plot originally belonged to the family of Mishras - a widow in which, one Gharbarna Kaur, had alienated the same in favour of one of the Tiwaris. The plot originally belonged to the family of Mishras - a widow in which, one Gharbharna Kaur, had alienated the same in favour of one of the Tiwaris. The appellants are Mishras. The Mishras filed a suit against the alienees for a declaration that the widow was not entitled to alienate the land and in that suit, which was filed in 1944, it was declared that the alienati