S. H. S. Abidi, J. -Bishundeo Mishra & six others hade been prosecuted under sections 147 and 302/149 of the Indian Penal Code. Ram Peyar Mishra was charged under section 380 of the Indian Penal Code (shortly put as I. P. C.,). Madan Mishra' and Kripa Sjndhu Mishra were charged under section 323 I. P. C. and they have been convicted by the Court below under section 304/149 I. P. C. and have been awarded six years rigorous imprisonment only under the former section and no separate sentence under the latter section. Madan and Kripa Sindhu Mishra have further been convicted under section 323 I. P. C. and sentenced to undergo rigorous imprisonment for one year each. Against their convictions and sentences this appeal has beer filed by all the accused.

2. The prosecution case, in short, is that on 18.5.1974 accused Bishundeo Mishra, Madan Mishra and Satyadeo Mishra attempted to construct house over the land of the informant. This led to the apprehension of breach of the peace. Dafadar Rajab Mian reported the matter at Kuchaikot police station, On the same day at a bout 1 P. M., deceased Shiwadhar Mishra was sitting at his house. In front of the house a road runs from north to sou