JUDGMENT

Young, J. - Ten persons were incharged (sic) in the Court of the Sessions Judge of Muzaffarnagar Under Sections 147 and 304 read with Section 149 of the Indian Penal Code; the charge was that they on the morning of the 18th of February, 1932, had formed an unlawful assembly and had caused grievous injuries to Ali Ahmad, which resulted in his death. The learned Sessions Judge acquitted six of the accused, convicted four u/s 304 of the Indian Penal Code, and sentenced them to three years' rigorous imprisonment each. All the four convicted persons, appeal to this Court.

2. The accused Gumani had a field in the village of Wilayetnagar. Adjacent to his field was the field of Ali Ahmad. There was a canal between the fields, from which water was obtained for irrigation. The prosecution alleged that when Husain Ahmad was engaged in taking water from the canal Gumani came up and objected. The result was a quarrel between the two men. Relations on both sides came up to assist and a marpit took place. In that marpit Ali Ahmad unfortunately was hit on the head with a lathi and died.

3. The first information report was made at once by Husain Ahmad who was-the learned Judge finds-present t