( 1 ) THE appcts. were convicted by the Addl. Ses. J. , Bahraich, under Section 804 (2) read with section 149 and Section 147, Penal Code and sentenced to 5 years R. I. and one years R. I. respectively. Their appeal to this Ct. was dismissed by one of us and their conviction and sentences were upheld. They now pray that the case may be certified as a fit one for appeal to the Supreme court under Article 134 (1) (c) of the Constitution. The facts briefly are as follows :

( 2 ) THE occurrence giving rise to the prosecution of the applicants took place on 13-8-1949 at about 12 A. M. in village Kani-bojhi, police station Malhipur, district Bahraich. Sardar Karam singh, Taluqdar of the Jamunaha Estate, is the proprietor of village Kani-bojhi and held 35 bighas of Sir in this village. The Deputy Commissioner of Bahraich issued notices to various zamindars, including Sardar Karan Singh, to let out their parti lands to tenants within a fixed period and intimated that, if this was not done, panchas would be appointed to distribute the land. At about this time the tenants of the village took matters into their own hands and under the leader, ship of appct. l, Kali Prasad Misra, seized possession not only of the parti lands but also of the Sir and distributed it to various persons.

( 3 ) THE prosecution case was that the land in dispute was included in the 25 bighas allotted to hamin, Siddiq, Asghar, Bhallar alias Sattar, Sayed, Jan Mohammad, Shaukat, Mewa Lal and ghafoor who cultivated it jointly. Kali Prasad Misra, according to the prosecution, got the land allotted by the Deputy Commissioner of Bahraich, who had by then assumed charge of the estate on behalf of the Court of Wards, to his own minor son and grandson. When Hamin, Ghafoor and others heard of this trick, they hurriedly collected their bullocks on 13-8-1949 and proceeded to the fields to plough them up so that their continued possession might be established. While hamin and others, the prosecution story proceeded, were actually ploughing the fields and Ghafoor was sitting on one side of the field. Kali Prasad and other appets. as well as about 15 other persons came op at about 11 A. M. and asked Ghafoor why he was ploughing the field. On Ghaffors reply that he was ploughing the field because he was in possession, an altercation ensued and Kali prasad struck Ghaffoor on the head with a lathi. Ghafoor began running away and Hamin Khan and others ran up to intervene. Some other persons from the adjoining village also came and out of them Abad, Chheda Khan and Badal Khan also received injuries at the hands of the assailants. Ghafoor was severely beaten and expired on the spot and his companions ran away; Hamin Khan, his brother left the dead body in charge of the Mukhia, who had arrived in the meanwhile, and lodged the F. I. R. at the police station Malhipur.

( 4 ) THE appcts. and 14 others were prosecuted and committed to sessions to stand their trial for having committed offence under Sections 147, 302/149 and 323, Penal Code. All the accused pleaded not guilty. Mohan, Kesai Mohammad Ali and Razzaq pleaded alibi. Brij Bahadur, son of kali Prasad, stated that the land was in possession of his minor brother, Ram Dhiraj and his son ram Roop and that he himself was not present at the time of the occurrence. Kali Prasad pleaded that he was in possession of the fields and had sown crops before the occurrence took place, that on hearing that a large number of persons were ploughing his fields, he along with others went to the place and remonstrated with the persons ploughing the fields whereupon he and his party were attacked with lathis by these persons and that in self-defence he also inflicted injuries.

( 5 ) THE learned Addl. Ses. J of Bahraich held that Kali Prasad Misra and his party were in possession and that they had a right of private defence of property against the trespass of Ghafoor and his companions. He, however, held that the right was exceeded inasmuch a