( 1 ) SIX accused respondents, namely, Dhakan, Bechey Lal, jagdlsh, Bahoran, Omkar and Ulfat were tried before VI Additional Sessions Judge, bareilly for the offence of rioting, attempt to murder and voluntarily causing hurt to three persons, namely, Karan Singh, Sipattar singh and Dharmapal Singh. They came to be acquitted by judgment dated 29-9-1980 impugned in this appeal from the side of the state. Out of them, Dhakan and Ulfat died during the pendency of appeal and the same abated under order dated 28-11-2003. Jagdish and Bechey Lai are the sons of dhakan whereas Bahoran ad Omkar are his nephews and Ulfat is his cousin brother.

( 2 ) WE have heard Miss Usha Kiran, learned A. G. A. from the side of the State and sri Surendra Pal Singh for the accused bechey Lal, Bahoran and Omkar, Jagdish absconded and Sri R. C. Upadhyaya was appointed amicus curiae for him under order dated 7-7-2005. Sri Upadhyaya has been heard for him.

( 3 ) THE prosecution case, in broad essentials, was that the injured and accused were the residents of the same village. The injured Karan Singh PW-1 had purchased some land from Pati Ram (brother of accused dhakan) prior to the presence occurr