JUDGMENT

R. BANUMATHI, J.:–This appeal is preferred against the judgment dated 17.12.2004 passed by the Allahabad High Court in Criminal Appeal No.796 of 1981 whereby the High Court affirmed the conviction of the appellant Abdul Waheed under Sections 302, 148 and 323 IPC read with Section 149 IPC and sentence of life imprisonment and one year rigorous imprisonment respectively awarded to him. The High Court partly allowed the appeal qua accused Babu Khan, Mukhtiyar, Javed Khan and Mohd. Hafeez Khan. The appeal before the High Court abated qua accused Vakil Khan, Abdul Hai and Shafiq Khan.

2. Case of the prosecution is that complainant-Razzaq Khan’s brother Abbas and Shabbir instituted a suit in the court of Munsif, Farrukhabad and an injunction order was issued by the court. Despite the court order, appellant Abdul Waheed did not stop construction and continued the construction on the Panchayat Ghar. Due to the continuing unlawful act of the appellant, contempt proceedings were initiated against him and the case was listed for hearing on 06.11.1974. One day before the hearing date i.e. 05.11.1974, at about 8.00 p.m., the complainant was sitting near the chabutra of the well along wit