JUDGMENT

Allsop, J. - This is an appeal by Sumer Singh and Amarnath Singh, who have been sentenced to rigorous imprisonment for a periord of four years each and to a fine of Rs. 200 each u/s 304 of the Indian Penal Code for the offence of culpable homicide not amounting to murder. They have also been sentenced to shorter terms of imprisonment under Sections 147, 374, and 323 of the Indian Penal Code for rioting, using force to compel labour and voluntarily causing simple hurt. The shorter sentences are concurrent with the longer one.

2. The story is that Amarnath Singh was a contractor who quarried stone near a railway station called Bharatkup in the Banda District and that he collected a number of Rawats as labourers. It is further said that these labourers were discontented because there were some disputes about recouping advances which had been made to them. On the day of the occurrence some of them went to Amarnath Singh to demand a settlement of accounts or something of that kind and Amarnath Singh abused them and struck one of them with a lathi. The men went back to their huts. Amarnath Singh followed them and found that some of them were not going to their work. He again struc