Judgment

GROVER, J.:- This is an appeal by special leave from a judgment of the Allahabad High Court.

2. Ram Narain and seven others were tried by the Sessions Judge, Barabanki, on charges under Sections 302/149, 325/149, 323/142 and 147, Indian Penal Code. They were all acquitted. The State preferred an appeal to the High Court. The High Court set aside the acquittal of Ram Narain, Jag Mohan, Hari Prasad and Ghasity and they were convicted under sections 302/34, 325/34, 323/34 and 147, Indian Penal Code, and were sentenced to imprisonment for life, three years rigorous imprisonment, one year s rigorous imprisonment and one year s rigorous imprisonment respectively, under the four counts. The acquittal of Sri Ram, Rahim Bux, Ram Saran and Ram Lakhan under S. 302/149 was upheld but each one of these persons was convicted under Ss. 325 and 323 read with S. 149 as also under S. 147 of the Indian Penal Code. They were awarded the same sentences as the others on charges under these sections. The sentences in the case of all the convicted persons were to run concurrently. The present appeal has been filed by all the eight convicted persons.

3. According to the case of the prosecution there was a mango tree standing on the banjar land which was claimed by Ram Narain as belonging to him. Sarabjit deceased also laid claim to that land. On consolidation proceedings it was ordered that Ram Narain be recorded as the owner of the tree. He moved an application before the Town Area Committee of Satrikh for permission to cut the tree. Sarabjit filed an objection claiming that the tree belonged to him and that he would be filing a declaratory suit about his ownership of the tree. The Town Area Committee, however, granted permission to Ram Narain to cut the tree. Ram Narain, it is alleged, went along with other persons to cut the tree. Sarabjit asked him to desist from doing so and he later filed an application on July 19, 1965 before the Tahsildar seeking relief in the matter. On the morning of July 22, 1965 Gur Prasad P. W. 1 who is the son of Sarabjit saw Ram Narain coming in the company of others towards the tree, the obvious intention being to cut it. Gur Prasad went to his father Sarabjit and informed him about the matter. Thereupon Sarabjit, his wife and Gur Prasad came to the spot where the tree was. According to the prosecution they told Ram Narain not to cut the tree which had already been cut to a certain depth. Ram Narain, his son Hari Prasad, Jag Mohan and Ghasitey are alleged to have shouted that Sarabjit and his wife and their son should be killed. They then assaulted them with lathis. Sarabjit, his wife and son tried to run away. When they reached the neighbouring filed of Sri Krishna, the other appellants are alleged to have surrounded them so that they could not run away and further injuries were inflicted on the instigation of those persons by Ram Narain, Hari Prasad. Jagmohan and Ghasitey. The incident attracted Makhan Ram, Manohar, Jagannath, Ram Pragat and other persons. Thereupon the appellants ran away.

4. A first information report was lodged at 10.40 a.m. by Ram Narain appellant. Therein he stated that when he was cutting a tree Sarabjit, Gur Prasad, Makhan Ram, Manohar and Ram Pragat came at 8 a.m. and beat him up. In the General Diary entry relating to this report injuries on the person of Ram Narain were noted. His injuries were also examined by Dr. O. P. Gupta on July 23, 1965. They consisted of five arbrasions and one contusion the last injury being on the outer side of the left leg. It may be mentioned that the appellant Hari Prasad who was examined several days later as he surrendered on 30-7-1965 was found to have one abrasion on the neck. Gur Prasad P. W. 1 also lodged a first information report at 11-30 a.m. He took Sarabjit and his mother to the police station along with him. After recording their statements they were sent to the Civil Hospital. Gur Prasad had eight injuries two of which were contused wound on