( 1 ) THIS is an appeal by Ram Prasad and three others, who have been convicted by the learned additional Sessions Judge of Ballia under Sections 323 and 325,. P. C. read with Section 34,. P. C. Each of them has been sentenced to imprisonment for two years and a fine of Rs. 25/- or further imprisonment for one month in default of fine under Section 325/34,. P. C. Each of them has been sentenced to imprisonment for one year under Section 323/34,. P. C. The sentences have been ordered to run concurrently.

( 2 ) THE prosecution case is that. Sheo Muni is a resident of village Qazipur. The four appellants are residents of village Kharid. One afternoon 8 or 10 cows belonging to the appellants were grazing in a sugarcane field belonging to Sheo Mun. Deo Narain conveyed this information to sheo Mun. Sheo Muni, his cousin Musafir, uncle Parshad, and Sheo Munis father Parsan rushed to that field. These men drove out the cows from the field, and were taking them towards the cattle pound. The cows, however, fled, and got mixed in other cows which were grazing in an adjoining field belonging to Kalkatti Halkhor. Sheo Muni and his relations were picking up the cows belonging to the accused from the herd. At this time the appellants arrived there with lathis. They objected to the taking of the cows to the pound. Sheo Munis party insisted on taking the appellants cows to the pound. Thereupon all the four accused attacked Sheo Muni and his relations with lathis. Musafir and Parsan fell down as a result of their injuries. The same day Sheo Muni lodged a report about the occurrence. The injuries received by Sheo Muni and his relations were medically examined. Musafir died after a few days as a result of his injuries. The four accused were, therefore, prosecuted for causing musafirs death and for causing injuries to Sheo Muni, Ram Parshad and Parsan.

( 3 ) ALL the four accused pleaded not guilty. They said that they had been implicated due to enmity. In the alternative, it was pleaded that Sheo Muni and others were beaten in the exercise of the right of private defence.

( 4 ) THE learned Sessions Judge held that the four accused jointly beat Sheo Muni and others. The plea of private defence was overruled by the Court. It was held that the offence under Section 304,. P. C. had not been made out against any accused. In the result, all the four accused were convicted under Sections 325 and 323,. P. C. read with Section 34,. P. C.

( 5 ) IT is common ground that, there was a quarrel between the parties over the question whether certain cows should be taken to the pound or not. The prosecution examined a number of eye-witnesses. Sheo Muni (P. W. 1), Ram Prashad (P. W. 3) and Parsan (P. W. 14) are the three injured men. The other eye-witnesses are Hasan Ali Khan, Suleman Khan, Deo Narain and ganga. Their names were mentioned in the first information report (Ex. P-2) lodged by Sheo mun. The learned Sessions Judge accepted the evidence of Deo Narain and Ganga. No witnesses were examined in defence. There is, therefore, ample evidence to prove that, the four accused beat Sheo Muni and others, because Sheo Munis party insisted on taking the cows to the pound, while the accused objected.

( 6 ) MEDICAL evidence shows that, Sheo Muni received two injuries. Musafir received two injuries. Ram Prashad received five injuries and Parsan received four injuries. These four men received 13 injuries in all. Musafirs post-mortem examination revealed fracture of skull bones. Dr. Tangri noted that death was due to heart failure as a result of injuries received during Musafirs lifetime.

( 7 ) THERE is evidence to the effect that, some cows were grazing in a field belonging to Sheo mun. Sheo Muni was justified in driving out those cows from the field and taking them to a pound. But complication arose, because those cows got mixed up among the cows which were grazing in the field of Kalkatti Halkhor. Sheo Munis Party picked up some cows from that herd, and wer