After the companyplainants were joined by the others, an altercation ensued in which the appellants and other accused are said to have assaulted the deceased and other persons.
Briefly put, the prosecution case was that on 29th August, 1968 at about 4,00 p.m. Rattan Singh let loose 5 buffaloes who trespassed into the field of P.W. 4 Sukhi and appeared to have caused damage to the field.
Thereafter, the buffaloes were caught hold of and impounded in the village cattle pound near about.
It is admitted that excepting Budha, all other members of the companyplainants party were also armed with lathies.
This seems to have annoyed the accused persons who lay in wait for the companyplainants party and when at about 6.00 p. m. Ram Gopal and Sukhi passed near the scene of occurrence, the five accused then started remonstrating with them regarding the cause as to why their cattle had been impounded.
Soon thereafter, the companyplainants party were joined by three others including the, deceased Budha.
Murtaza Fazl Ali, J. In this appeal by special leave.
Ram Swarup has been companyvicted under Section 302 of the Indian Penal Code by the High Court, which acquitted the other accused who were tried along with the other appellants.
