I.D.DUA, J.

(1) THIS is an appeal by three appellants with special leave from the judgment of the Allahabad High court dated 5/09/1967. Originally five persons Rama Shanker Lal, Sukh Bhanjan Lal, Smt. Krishna Devi, Harkho and Radha Krishna were jointly tried in the court of the Second Assistant Sessions Judge, Azadagarh. Rama Shanker Lal and Sukh Bhanjan Lal were charged under S. 120-B(1), 420, 468 and 471, Indian penal code; Smt. Krishna Devi under S. 420 and 471 read with Section 120-B(1), Indian penal code and Harkho and Radha Krishna under S. 466, and 120-B(1), 1. P. C. The broad allegations giving rise to this case may be stated.

(2) CIVIL litigation had been going on for a long time between Brij Lal Mathur, father of Vishnu Pad Mathur (P.W. 1) and his distant collateral Bhimal Lal Mathur, father of Rama Shankar Lal and Sukh Bhanjan Lal relating to a grove and some agricultural land. On the death of Brij Lal Mathur in the year 1959 his son Vishnu Pad Mathur, who is stated to be a law graduate, desired to patch up the differences with his collateral and settle the dispute out of court. According to the prosecution version a Panchayat was called and it was settled