judgment

S.B. Sinha, J. —

1. Leave granted.

2.Phool Chand (Accused No. 1) was a retired Army Officer. He was allegedly allotted some land bearing plot No. 596 at village Paigamberpur Hamlet, Jarganwan, title whereof was in dispute. He was in possession thereof but his right to make any construction thereupon was in dispute. His earlier attempt to raise constructions on the said land had met with resistance by the villagers. They made a complaint to the officers of the Tehsil. Before the police authorities, Phool Chand is said to have given an undertaking not to make any construction.

We may place on record that he had also intended to put up constructions earlier but did not succeed. Villagers were claiming their right to make common use the land in question, viz., for keeping Ghoor of the village folks.

3. On 3.02.1978 at about 9 a.m., the said Phool Chand armed with a double barrel gun, his brother Kishan Chand (Accused No. 2) armed with a single barrel gun in the company Bhagauti (Accused No. 3), Badadin (Accused No. 4) and Sheo Prasad (Accused No. 5) who were said to have been armed with lathis came to the land in question. They started construction thereupon with the help of hire