( 1 ) APPELLANTS Bhola, Kailash, Deepchand, Rampa)at and Ambika have filed (his appeal against the judgment and order dated 127-1978, pased by the 5th Additional Sessions Judge, Azamgarh, where by he has convicted all the accused-appellants under section 148 Indian Penal Code and sentenced each of them to one year R. I. Kailash appellant is convicted under Section 307 Indian Penal Code and sentenced to five years R. I. and a fine of Rs. 500/ -. In case of default of payment of fine he shall further suffer three months R. I. Rampalat appellant is convicted under section 307 Indian Penal Code and sentenced to undergo four years R. I. Bhola, Deepchand and Ambika appellants are convicted under Section 307 Indian Penal Code and sentenced to three years R. I. each. Both the sentences have been directed to run concurrently.

( 2 ) BRIEFS facts of the prosecution case are that about a month prior to the occurrence in question Kailash appellant was digging Nali for his tube-well through the field of Chandrika Singh, complainant. Chandrika Singh stopped Kailash appellant from digging Nali through his field without paying any compensation or concession in irrigation charges fr