J. M. PANCHAL, J.

( 1 ) THE instant appeal by Special Leave is directed against Judgment dated August 3, 2005 rendered by Division Bench of high Court of Judicature of Rajasthan at Jaipur Bench, jaipur in D. B. Criminal Appeal Mo. 359 of 1998 by which Judgment dated April 17, 1998 passed by Learned Sessions Judge, Karauli, in sessions Case No. 9 of 1996 convicting the five appellants under Sections 302 read with 149, 325 read with 149, 323 read with 149 as well as convicting the appellant Nos. 1 and 4 under Section 147 and 148 IPC as well as sentences imposed therefore, are confirmed.

( 2 ) THE facts emerging from the record of the case are as under:

2. 1. There is a piece of land admeasuring about five Bighas situated in village Golara, Distt. Sawai Madhopur now Distt. Karauli in rajasthan. The Government allotted the said land to the father and brother of the first informant Babu Lal but the appellants and others who are Brahmins by caste were not permitting them to cultivate the same, as a result of which disputes relating to the said land were going on between Brahmins and jatavas of village Golara. The incident in question took place at about 7. 00 P. M. on august 28, 1995. Bab