Dr. B.S. Chauhan, J. — This appeal has been preferred against the judgment and order dated 19.5.2004 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 2866/1980, acquitting the respondents by reversing the judgment and order dated 9.12.1980, passed by the Sessions Judge in Sessions Trial Nos. 181 and 182 of 1980, convicting the said respondents under sections 302/34, 307/34 and 379/34 of the Indian Penal Code, 1860 (hereinafter called the ‘IPC’) and sentencing them under the first count to life imprisonment, under the second count of rigorous imprisonment for 5 years and under the third count to rigorous imprisonment for 2 years. However, all the sentences were directed to run concurrently.

2. Facts and circumstances giving rise to this appeal are that on 16.10.1979, in the morning Naresh, respondent no. 1 herein, started digging the (Chak Road) to create a passage from the field of the informant Subedar (PW1). He was stopped by Balak Ram (PW5). Naresh, respondent no. 1, not only abused Balak Ram (PW5), but also, assaulted him and threatened him that he would face dire consequences. With regard to this, Balak Ram (PW5) lodged the complaint of the i