ORDER

J.C. Gupta and K.K. Misra, JJ.- This appeal is directed against the judgment and order dated 26.2.1981 of Shri G.D. Chaturvedi, the then Sessions judge. Hamirpur. in Sessions Trial No. 160 of 1980 convicting and sentencing all the appellants t6 imprisonment\ for life under section 302 read with section 149 I.P.C.; and to 2 years rigorous imprisonment under section 307/149 I.P.C. Appellants Bhaiya Lal, Raghuraj and Shyam Sunder have been sentenced further rigorous imprisonment for 3 years each under section 148 I.P.C. while other appellants have been sentenced to 2 years rigorous imprisonment each under section 147 I.P.C.

2. Undisputedly appellants, Bhaiya Lal, Beta Lal, Prahlad and Raghuraj are real brothers being sons of Mehdi Kachhi. Appellant No. 5 Ram Manohar is son of appellant Raghuraj while Shyam Sunder is nephew of Raghuraj appellant.

3. Prosecution case in brief is that in the evening of 17.2.1980 one buffalo of Raghuraj and one bullock of Beta Lal accused trespassed into the field of Jhandu P.W.2 and started grazing wheat crop sown by Jhandu. Smt. Ram Dulari P.W. 3 drove out the aforesaid cattle from her field.

4. On the same day at about 5.30 P.M. in the evening. w