Judgment :

1. This appeal by way of special leave arises out of the following facts:

2. At about 3 P.M. on 26th of February 1992, a demarcation of the land between the deceased Imteyaj Ali and Manjoor Alam, the uncle of the appellant was being conducted by the Revenue Amin. During the course of the demarcation, it transpired that the house belonging to Manjoor Alam had fallen in the portion falling to the deceased, Imteyaz Ali. As the Amin proceeded to fix the pillars demarcating the land, a protest was raised by Manjoor, and he attempted to interfere in the proceedings. Imteyaz Ali, however, intervened and requested his relatives to allow the Revenue Officials to fix the pillars. This led to an quarrel between the parties during which Manjoor Ali, Kammurddin, Monir Alam and several others caught hold of Imteyaz and on Kammurddin's exhortation assaulted with a lathi. Imteyaz fell down to the ground whereafter Manjoor and Monir Alam again assaulted him and when Md.Tufel, Fatma Khatoon and Ajmeri Nisa came to intervene in favour of Imteyaz, they too were assaulted. The parties were, however, separated by the intervention of the Amir and other Officials and also the Police Havildar who