Judgment

DUA, J. :- This appeal is by special leave and is directed against the conviction of the appellant Deo Narain, by the High Court of judicature at Allahabad on appeal by the State against the judgment and the order of the Sessions Judge of Ghazipur acquitting five accused persons, including the appellant of various charges including the charges under Sections 302/149, Indian Penal Code and in the alternative the charge against the appellant under Section 302, I. P. C.

2. It appears that there was some dispute with respect to the possession of certain plots of land in village Baruara, Police Station Dildarnagar, District Ghazipur. There were several legal proceedings between the rival parties with respect to both title and possession of the said plot. On September 17, 1965 after 12 noon there was a clash between the party of the accused and the party of the complainant. Both sides lodged reports with the Police. The appellant Deo Narain, along with Chanderdeo and Lalji, two of the other accused persons acquitted by the trial Court, whose acquittal was confirmed by the High Court, went to the Police Station Dildarnagar and made a report against the complainant s party about the