Judgment

BEG, J. :- The six appellants before us by special leave were tried by the Additional Sessions Judge of Gangapur and convicted under Section 147 Indian Penal Code and sentenced to one year s rigorous imprisonment as well as under Section 302 Indian Penal Code read with S. 149 Indian Penal Code and sentenced to life imprisonment. The convictions and sentences had been upheld by the High Court of Rajasthan.

2. The party of the accused had been claiming possession over a field called "Bhaiwala" over which there had been some litigation between two parties so that the Naib Tehsildar was appointed as Receiver by the orders of the S.D.O. Gangapur. The Revenue Courts then upheld the claim of Brijmohan the murdered man who was said to be in actual possession of it. The party of the accused had threatened him so that proceedings under Section 107 Criminal Procedure Code had to be instituted against the accused who had also been prosecuted for the theft of the crop by Brijmohan. The theft case was pending when an occurrence took place on the morning of 16-8-1965 over the ploughing of the field by a tractor taken by the party of Brijmohan. In this incident, two of Brijmohan s brothers