JUDGMENT

Surinder Singh Nijjar, J. —

1. The present appeal is directed by the State of U.P. against the final order and judgment dated 23rd March, 2004 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 577 of 1981 whereby the High Court allowed the criminal appeal by setting aside the order of conviction recorded by the trial court against the respondents.

2. We may now briefly note the background facts, necessary for the adjudication of the present matter. It is the case of the prosecution that on 20th August, 1977 at around 3.30 p.m., Gulab and his nephew Chhatrapal were grazing their cattle in Dhadhai Haar. Preetam (hereinafter referred to as ‘respondent No.1’), who is a collateral of the above two, came there and asked Chhatrapal and Gulab, as to why they were grazing their cattle in his field. Chhatrapal and Gulab told him that they were not grazing in his field. Respondent No. 1 then abused and started beating them. Chhatrapal and Gulab retaliated and started beating Preetam. On an alarm raised by respondent No. 1, his family members, who were present in the vicinity doing work in their fields, namely Dilli, Tutti, Mukundi, Karan Singh, Balli, Katti,