( 1 ) BEING aggrieved by the order dated 25-7-1979 passed in S. T. No. A 28 of 1979 by the learned III Additional Sessions Judge, Muzaffarnagar, Sarvarsri Jodh Singh, Ram Kishan, Gyan Singh and Kishan Pal have preferred this appeal.

( 2 ) APPELLANTS Ram Kishan, Gyan Singh and Kishan Pal are the sons of appellant Jodh Singh, Bhopal Singh and Baljor were brothers.

( 3 ) IN brief, the prosecution case is that some Banjar land was allotted to Harijans of the village and on 15-8-1977 Kali Ram, Lekhpal of the village (C. W. 1) had come to demarcate the plots. In the south of the said Banjar land there is a Chak road and in the south of it is the Chak of the accused odh Singh.

( 4 ) ACCORDING to the prosecution case, at that time the Pradhan of the village Sri Manphool Singh (P. W. 2) was also present. At about 6 P. M. when the measurement of plots No. 284 and 285 were being taken, Jodh Singh and Gyan Singh armed with Tabals, Kishan Pal armed with spear and Ram Kishan armed with lathi came there and told Bhopal Singh that they will not permit measurements of the land adjacent to their Chak. Bhopal Singh then told them that this land was allotted to the Harijans. Thereupon,