( 1 ) THESE four criminal appeals have been filed against an order and judgement dated 31-5-1978 passed by Sri M. P. Tripathi, II Additional Distt. and Sessions Judge, Deoria by which he has convicted Dhruv Tewari u/ss. 148 and 302/149, I. P. C. and has sentenced him to undergo 3 years R. I. and life imprisonment thereunder respectively, and has also convicted Ram Karan Mal, Diwakar Mani and Umesh Misra under Ss. 147 and 302/149, I. P. C. and has sentenced each of them to undergo 2 years R. I. and imprisonment for life thereunder respectively.

( 2 ) THERE was some dispute in respect of a house between one Hardwar Gupta, his son Dhyan Chand and family members on one side and Sheo Ram Mani accused on the other on account of which there were strained relations between Dhyan Chand and Sheo Ram Mani accused. Sheo Shanker deceased was on friendly term with the said Dhyan Chand, Ram Karan Mal and Dhruv Tewari etc. were in the opposite camp.

( 3 ) ON 7th November, 1976 at about noon time Sheo Shanker deceased and Dhyan Chand had assaulted Ram Karan Mall appellant in the town of Deoria and with respect to the same a report had been lodged at P. S. Kotwali on the same day. Due