( 1 ) THIS appeal was preferred by these five accused-appellants against their conviction under S. 302 read with S. 149, I. P. C. and sentence of rigorous imprisonment for life. Further accused-appellants. Preetam and Mukundi were convicted and sentenced to 7 years R. I. under s. 307, I. P. C. simpliciter, 2 years R. I. to accused-appellants karan Singh, Tutti and katti under S. 307 read with S. 149, I. P. C. , 6 months R. I. to accused-appellants-preetam, Karan Singh, Mukundi, Katti and tutti under S. 323 read with S. 149, I. P. C. However, all the sentences were ordered to run concurrently.

( 2 ) THE brief facts of the case are that on 20-8-1977 at about 3. 30 p. m. when Gulab son of Pooran and his nephew Chhatrapal son of Bahadur were grazing their cattle in dhandhai Haar. appellant-Preetam, who is a collateral of the above two, came there and asked Chhatrapal and Gulab, why they are grazing their cattle in his field. Chhatrapal and Gulab told him that they did not graze their cattle in his field. Preetam abused and belaboured them. Gulab and Chhatrapal are said to have defended themselves and also assaulted Preetam. On an alarm raised by preetam his family men