JUDGMENT

M. D. Bhatt, J.- Judgment in this appeal preferred by the accused Nasir Khan would equally dispose of the connected appeal jointly preferred by the co-accused Awadhsehari and Prabhat Kumar against their respective convictions and sentences. Nasir Khan has been convicted under Section 308 of the Indian Penal Code and the two other accused persons, under Sections 308/34 of the Indian Penal Code and all have been sentenced to rigorous imprisonment for one year.

2. Convictions of the three appellants accused are found to be based by the trial Court, on these proved facts:

Before the date 17-10-1977, which was the date of incident, Nasir Khan or even the rival claimant P. W. 6 Hariram Vaidya, was not in actual possession of the disputed land, regarding which proceedings under Section 145 of the Code of Criminal Procedure 1973 had been continuing against them since some time past. Both Nasir Khan and Hariram Vaidya had got executed certain agreements and the registered sale deeds with respect to the very disputed land and on the strength of such deeds, both under the rival claims, had been all along making unsuccessful bids to get the actual possession of the disputed land. On t