JUDGMENT

B.P. Singh, J. - NizamuddIn, Wahajuddin, Saifuddin and Hushmat have appealed against the judgment and order dated 3-9-1979 passed by VI Additional Sessions Judge, Allahabad in S.T. No. 298 of 1978 (State v. Nizamuddin and three others), P.S. Saini, District Allahabad.

2. The case of the prosecution may briefly be stated as follows:

3. Appellants Nizamuddin, Wahajuddin and Saifuddin are real brothers and the appellant Hushmat is their close associate. Hamiduddin P.W. 1, the first informant, and Ziauddin the injured and all these accused are residents of village Mithepur Sinyara, which lies within the local limits of P.S. Saini. There are two factions in the village. One faction is led by Hamiduddin P.W. 1 and his other association while the other faction is led by the accused Nizamuddin. There was long standing enmity between the two factions.

4. On 3-9-1977, it was about 7.00 A.M. when Ziauddin P.W. 2 was irrigating his field from the canal water which was passing through a water channel. Accused Nizamuddin armed with a pistol and accused Wahajuddin, Saifuddin and Hashmat armed with lathis suddenly came there. On being exhorted by his remaining three co-accused, Nizamuddin