JUDGMENT

Markandey Katju, J.—Leave granted.

2. This appeal has been filed against the impugned judgment of the Allahabad High Court dated 4.8.2006 in Criminal Appeal No.1099 of 1981.

3. Heard learned counsels for the parties and perused the record. By that decision the High Court has upheld the conviction of the appellant under Sections 148, 302/149 and 324/149 IPC and sentences them to life imprisonment apart from other sentences.

4. The prosecution version, as disclosed by P.W.2 Ali Raja in the F.I.R. lodged at 9.25 a.m. on 19.12.1979 at P.S. Raunapur Azamgarh was that there was a dispute between him and the accused (appellants) regarding the flow of the drainage of his latrine which was disrupted by the accused appellants by making constructions and by raising the level of their land; that a civil case filed by him was pending in Court; that on 19.12.1979 at about half past 7 a.m. he (Ali Raza) and his brothers Abdul Qayum (deceased) and Mustakin (P.W.3) were cleaning the Nabdan (the filthy water of their latrine); that the accused appellants Qamaru-Zama, Maqbool, and Imtiaz armed with spears and the accused appellants Samkadar, Hasnain, Munsafi, Gyasuddin, Sharif, Ramjan, Ayoob