JUDGMENT

Surinder Singh Nijjar, J. —

1. These appeals by the State of U.P. are directed against the judgment of the High Court of Judicature at Allahabad dated 7.9.2001 rendered in Criminal Appeal No. 642 of 1988 and Criminal Revision No. 611 of 1988. By the aforesaid judgment, the High Court set aside the judgment of the trial court convicting Munni Ram, Maya Ram, Ram Ugrah and Ram Ajore (respondents herein) under Section 304/34, 147 and 323 IPC as well as under Section 24 of the Cattle Trespass Act, 1871. The criminal revision challenging the acquittal of Bhagirath under Section 308/304 read with section 149 IPC was also dismissed.

2. Briefly stated, the prosecution case was that on 14.6.1983, in the afternoon, Sita Ram (hereinafter referred to as PW-2) had noticed that the buffaloes of Ram Ugrah (hereinafter referred to as respondent No: 3) and Ram Ajore (hereinafter referred to as respondent No: 4) had trespassed into his field and were damaging the sugarcane crop. He, therefore, drove them out and was taking them to the cattle pound in the village. He had only gone a short distance when Munni Ram (hereinafter referred to as respondent No: 1) met him and enquired the reason why