JUDGMENT

J. N. Takru, J. - These are two connected appeals. Criminal Appeal No. 1738 of 1965 has been filed by Bhim Sen against his conviction and concurrent sentences of five years R.I., under Section 307 I.P.C., one years R.I., under Section 148 I.P.C. and one years R.I., under Section 323/149 I.P.C. while Criminal Appeal No. 2694 of 1965 has been filed by Bandhu Ram against his conviction and concurrent sentences of one years R.I. under Section 323/149 I.P.C. and nine months R.I. under Section 147 I.P.C. Two other persons, namely Noni Ram and Godhan, were also prosecuted along with the appellants. Out of them Godhan was given the benefit of the doubt and acquitted by the learned trial Judge. Noni Ram was, however, convicted and awarded concurrent sentences of one years R.I., under Section 323/149, and nine months R.I. under Section 147 I.P.C. He has not preferred any appeal, but as I took cognizance of his case under Section 439 Cr.P.C., I shall have occasion to refer to it also in the course of this judgment.

2. The case for the prosecution, stated briefly, is as follows: D.W. 1 Smt. Chitya is the step daughter of P.W. 1 Narain, and, at the time of the present incident, was over 18 years of age. Some time in this visit to her maika she complained to 1960 she was given away in marriage to Noni Ram, the son of Bandhu appellant. After her marriage she went to her husbands place several times and the last time she returned from there was some 8 or 10 days prior to the holi of 1964. On this visit to her maika she complained to her step-father that her husband and his people were not clothing and feeding her properly. A few days after the said Holi, Bundhu and Noni Ram along with Bhim Sen appellant, came to P.W. 1 Narains place for taking back D.W. 1 Smt. Chitya to her susaral. When they spoke to P.W. 1 Narain about it, he asked them to come again after 8 or 10 days as he wanted to get some clothes made for D.W. 1 Smt. Chitya before sending her to her susaral. The appellant agreed to this suggestion, and went back without D.W. 1 Smt. Chitya.

3. The prosecution proceeds: Two days later, i.e. on March 22, 1964 at about 4 p.m. D.W. 1 Smt. Chitya went, with her younger sister Nimmia, to scrape grass. Shortly afterwards, P.W. 1 Narain heard her shrieking and shouting that she was being forcibly taken away. He ran in the direction from which the shrieks and shouts were coming, and saw Noni Ram and Bhimsen dragging D.W. 1 Smt. Chitya and two persons pushing her from behind, while at a little distance from there Bundhu with four or five persons was waiting with a Rahlu. D.W. 1 Smt. Chitya was dragged to the Rahlu, lifted and placed on it, and, there after the Rahlu was driven off. P.W. 1 Narain raised an alarm, as a result of which P.W. 2 Sohan Lal P.W. 3 Pothi, Hori, Pati, Mulu, Bihari and some others arrived there, and tried to stop the Rahlu. P.W. 1 Narain told Bundhu that they should not take away D.W. 1 Smt. Chitya in that high handed manner but should come to his house and take her away from there in a becoming fashion. Bundhu not only did not agree to the proposal, but asked his companions to beat P.W. 1 Narain, whereupon, barring Bhim Sen, all of them assaulted him with fists and kicks and felled him to the ground. Thereafter the Rahlu was again driven off. P.W. 1 Narain got up and ran after it, and after he had run 20 or 25 paces, Bhim Sen who was sitting on the Rahlu fired at him, hitting him on his face, as a result of which he fell down. Thereupon the residents of the village who had come there on hearing the alarm of P.W. 1 Narain attacked the appellants and their companions with lathis and apprehended Bundhu and Noni Ram, while their companions succeeded in making good their escape with D.W. 1 Smt. Chitya. After the departure of the latter, the witnesses sent for a cot from the village, and placing P.W. 1 Narain on it, they took him along with Bundhu and Noni Ram to Police Station Sahi, where P.W. 1 Narain lodged the first