S.H.S.Abidi, J.

1. Appellant Ramjas Ahir has preferred this appeal against his conviction under Sections 323/147 of the Indian Penal Code and sentence of six years rigorous imprisonment under the each court. Kesho Ahir and Suraj Raut alias Suraj Kurmi have also preferred this appeal against his conviction and sentence under Sections 323/148 of the Indian Penal Code and sentence of one year each to each under such counts. The other accused persons have been acquitted of the charges levelled against them.

2. In short, the prosecution case is that one Jagdish Kurmi being the settlee of the disputed land of Khata No. 2, plot No. 359 from State Government, on 4.5.1975 was getting paddy transplanted along with others. Suddenly 70-80 persons variously armed with lathi, bhala and garasa came there. Sk. Ishaque (now dead) leading the mob, ordered the mob to kill, thereupon all the members of the mob started assault with lathi, bhala, pharsa and stones. The informant Shankar Sah. P.W. 9 was assaulted by Habibullah with bhala and by Ramjas with a stone. Kesho Ahir assaulted Mama of Jagdish with bhala, Suraj Kurmi assaulted Baijnath with bhala. Ramjas set the school to fire. The inform