JUDGMENT

Agarwalla, J. - Six persons, lddu Khan, Chhunnu Khan, Mallu Khan, Faiyaz Khan, Mindu Khan and Yasin Khan were prosecuted for offences under Sections 147 : 304 : 323 and 149, Penal Code and Section 24, Cattle Trespass Act for forming an unlawful assembly with the common object of rescuing their cattle from Paqir Mohammad and Ammi Khan; and for committing a riot and for causing simple hurt to Ammi Khan and the death of Faqir Mohammad. They have been convicted and sentenced to various terms of imprisonment. They have come up in appeal to this Court.

2. The prosecution case was that on 3rd July 1946, at about 4 p.m. the cattle of the accused Faiyaz Khan, Mallu Khan and Yasin Khan trespassed into the sugarcane field of Ammi Khan and his father Faqir Mohammad deceased, Faqir Mohammad and Ammi Khan were at that time engaged in sowing paddy in another field at a distance of about 100 paces-from their sugarcane field. When they found that cattle were grazing in their field, they drove away the cattle and were taking them to the cattle pound in the neighbouring village Kundra. When they had proceeded a little, the six accused came armed with lathis and demanded the release of the catt