1. - This is an appeal by six accused appellants against their convictions and sentences passed by the learned Sessions Judge, Alwar dated 9th August, 1975. The learned Sessions Judge convicted and sentenced the accused appellants in the following manner :

(i) under sections 147, 325 read with 149 to six months rigorous imprisonment.

(ii) under section 324 read with 149 IPC to one years rigorous imprisonment

(iii) under section 323 read with 149 IPC to four months rigorous imprisonment.
All, the sentences were ordered to run concurrently.

2. The prosecution case in brief is that the field of the complainant Chiranji and field of accused Sarwan, Parma and Munshi are situated by the side of a path. A portion of the public path was encroached by accused Sarwan, Munshi, and Parma. The fields were got measured on 26th April, 1973 by the patwari and the Naib Tehsildar at the request of the accused persons and it was found that path was encroached by the accused persons. At the time of measurement of the fields 13 persons from the side of the accused were present and from the side of the complainant Chiranji PW 1, Daya Lal PW 6 and Kishori PW 5 were present. In the evening when the af