V. GOPALASWAMY, J.

( 1 ) THIS appeal is preferred against the judgement of the learned Additional Sessions Judge, Sambalpur in S. T. No. 13/1 of 1982 convicting the five appellants under Sections 148, 325/149 and 323, I. P. C. and sentencing each of them thereunder to undergo R. I. for two years on each of the first two counts and to undergo R. I. for one year on the 3rd count, with a direction that the sentences so imposed should run concurrently.

( 2 ) THE prosecution case, briefly stated, is as follows : on 13-8-80 at about noon-time the accused persons placed a 'dhair' (an instrument for catching fish) on the water channel leading from the, Village tank to the Land of deceased Mandhata Patel. As a result of the placing of the 'dhair' the flow of the water in the channel was obstructed and water overflowed into the land of the deceased resulting in the deposit of sand in his land. On coming to know about it the deceased came to the place where the 'dhair' was kept and raising objection about it, carried away the 'dhair' despite protests of the accused parsons, stating that he would place the matter before the Panchayat and show them the 'dhair'. Sometime thereafter as the decea