JUDGMENT

Irshad Hussain. J.—The appellants have been convicted and sentenced to undergo R.I. for one year under Section 147, I.P.C. and R.I. for ten years, each under Section 304, I.P.C. read with Section 149, I.P.C., per judgment dated 19.8.1983 passed, by the then Additional Sessions Judge, Dehradun in Sessions Trial No. 35 of 1982.

2. The appellants Churha and Kesho Ram are since deceased, there-fore, the appeals in regard to these two stand abated under Section 394 of the Code of Criminal Procedure.

3. Briefly stated the facts of the case as emerged from the F.I.R. and the evidence were that Karam Singh took ‘Dakhli-Rehan’ (possessory-mortgage) of agricultural land having an area of three Bighas situated in his village Dhakrani, P.S. Vikash Nagar, District Dehradun, from Tulsi, the father of appellant Nanhe, about twelve years ago (from the date of the occurrence). This land was subject matter of litigation between Karam Singh and appellant Nanhe but according to the prosecution Karam Singh remained in actual physical possession of the same. On 27.10.1981 at about 1 p.m. all the appellants trespassed into the land while Karam Singh was ploughing it. A state of commotion att