1. This is a criminal revision against the judgment of the Sessions Judge, Garoth, passed in Cri. Apps. Nos. 120-121 of 1949, on 11-2-1950, dismissing the appeals.

2. The facts of the case briefly are that there was a fair near the Police outpost of Kaitha and the police was stationed there as usual. In the 'Mela' grounds, some brahmins were preparing their food in a chowka, and it happened that four Rajputs who are the accused in the case also arrived there and they also made preparations for cooking their food nearby. The Brahmins objected to this on the ground of nearness and this trivial incident was reported to the police. The Sub-Inspector was having a bath and so he deputed one head constable Gajrasingh to get the matter settled and so he came on the spot. It may be safely assumed that some altercation took place and it is said that the head constable wanted Kanvarlal, one of the accused to accompany him to the Sub-Inspector, but the accused would not go. He resisted and it is alleged that he assaulted the head constable. Seeing this, a constable by name Sidhhanath came there and caught the hand of Kanvarlal, accused. In the meanwhile Dhanna accused also came there