JUDGMENT

G. N. RAY, J.:— This appeal is directed against the Judgment and Order dated December 13, 1979 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal No. 469 of 1978. The said Criminal Appeal arose out of the Judgment and order dated June 22, 1978 passed by the learned Sessions Judge, Sultanpur, in Sessions Trial No. 36 of 1978. In the said Sessions trial, the accused No. 1, Devi Dutt, and the accused No. 5, Annaporna Dutt (appellant No. 1 herein), were charged under Ss. 148, 302/149, 325/149, 324/ 149 and 323/149, I.P.C. The rest of the 15 accused persons were charged under Ss. 147, 302/ 149, 325/ 149, 324/149 and 323/149, I.P.C. Seven of the accused persons, namely, accused Nos. 4, 11, 12, 13, 15, 16 and 17 were acquitted of all the charges framed against them by the learned Sessions Judge. But the other accused persons were held guilty on different counts and were convicted to undergo rigorous imprisonment of different terms as indicated in the Judgment and order of the learned Sessions Judge. Against such Judgment of the learned Sessions Judge, Devi Dutt and these nine appellants preferred an appeal in Allahabad High Court, Lucknow Bench, being Criminal Appeal No. 469 of 1978. Such appeal was disposed of by the Allahabad High Court, Lucknow Bench, on December 13, 1979 and the High Court allowed the appeal of Devi Dutt and his conviction and sentences ordered by the learned Sessions Judge on several charges were set aside, but the appeal of the nine remaining accused who are appellants in this appeal, were allowed in part. The High Court set aside the conviction and sentence of all the nine appellants under Part I or Part II of Section 304 read with Section 149, IPC but the conviction of the said nine appellants was upheld under Ss. 325/ 149, 324/149 and 323/149, IPC., and each of the said appellants was awarded sentences of rigorous imprisonment for a period of two years, one year and nine months respectively. So far as the appellant, Annaporna Dutt is concerned, his conviction under Section 148, IPC was affirmed by the High Court but instead of two years rigorous imprisonment as ordered by the learned Sessions Judge, the High Court awarded a sentence of rigorous imprisonment for one year. The conviction under S. 147, I.P.C. in respect of the appellants other than Annaporna Dutt was also maintained by the High Court but the sentence of rigorous imprisonment, for two years was reduced to rigorous imprisonment of nine months. The High Court directed that all the sentences awarded against each of the said appellants would run concurrently. It may be stated that appellants Nos. 1, 2 and 3 in this appeal, namely, Annaporna Dutt, Uma Dutt and Kanhaiya, are residents of village Pure Gurdin and appellant Nos. 4 to 8, namely, Ishwar Dutt, Sant Kumar, Ram Sunder, Lalan, Pratap are residents of village Gogmau and appellant No. 9, Onkar Nath, is the resident of village Uiara. The village Pure Gurdin and Gogmau are within the Police Station Jagdishpur in the District of Sultanpur but the village Uiara is within the Police Station, Musafirkhana, District Sultanpur, all in the State of Uttar Pradesh.

2. The prosecution case in short is that on June 30, 1977, at 10.00 a.m. an incident of assault and trespass had taken place in village Pure Gurdin where the three appellants reside. The deceased, Babulal and his relations had cut 13 bamboos from a clump situated in that village and they had stocked those cut bamboos on the back side of the house of Ram Prasad Tewari with an intention to use those bamboos for raising a thatch. All of a sudden, the said nine appellants along with Devi Dutt and the other seven persons since acquitted by the learned Sessions Judge came to the place where the said bamboos were stored. Devi Dutt was armed with a spear and appellant No. 1, Annaporna Dutt, had a pharsa. The said persons started assaulting Babulal and his companions. Thereafter the accused persons ran away. Bes