JUDGMENT : The appellant Jabbar has been convicted under S. 316, I.P.C. and sentenced to five years' R I., whereas his brothers, appellants Ishaq and Habib, have been convicted under S. 316/34, I.P.C. and sentenced to four years' R. I. The appellants Jabbar and Habib, were also convicted under S. 323/34, I.P.C. and sentenced to three months' R I., whereas the appellant Ishaq was convicted under S. 323 I.P.C simpliciter and sentenced to six months' R. 1.

2. The prosecution of the appellants resulted from an incident which is said to have taken place in front of the house of Jamna (P.W. 8) on the evening of 31st August, 1963, in village Sansarpur, P.S. Koraoa, in the district of Allahabad. It was alleged that Sarju (P.W. 4), the brother of Jamna (P.W. 8), had been engaged as a labourer by Ishaq appellant to carry lime stone from Saraiya hill. It was alleged that Sarju, having expressed his willingness to carry only five Dharas instead of seven "dharas" (seers) of lime, as desired by Isfaaq, annoyed Ishaq appellant who slapped him twice. After that, the three brothers, Jabbar and Ishaq and Habib, are alleged to have gone to the house of Jamna before sunset and to have found Sarju sitti

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