Judgment

DUA, J.:- In this appeal by special leave, five appellants have challenged their conviction under Ss 148 and 325/149, I.P C. and sentence of rigorous imprisonment for two years on each count with additional fine of Rs. 200/- each under Ss 325/149, I.P.C and in default of payment of fine further rigorous imprisonment for six months, upheld by a learned Single Judge of the Punjab and Haryana High Court on appeal from the judgment and order of the Sessions Judge, Ferozepur.

2. Originally, 13 persons including the five appellants were tried by the Sessions Judge, Ferozepur under Sections 148, 307/149 and 364, I. P.C. According to the broad features of the prosecution story, on August 11, 1963, Dharamvir P.W. 9 started from his village Ramsara for his land in the area of Azamgarh some time between 7 and 8.00 a. m He was driving a bullock cart and with him were his wife Nathi, P.W. 5. his brother s wife Ankori, P.W. 6, and a small girl Guddi as also one Chandu, in the said cart. Walking behind the cart was his brother Jaidev. P.W. 4. When they had covered a distance of about 11/2 miles from the village Ramsara and were near the land of Ranbir appellant, three jeeps overtook their