All the sentences were directed to run companycurrently.
On the side of the appellants, Chand and Maqsood were examined by Dr. H.C. Gupta, D.W. 3.
On hearing the alarm raised by Sadi Hasan and his relations, some others came and intervened and it is said that even Amzad, another son of Sadi Hasan and Gulshan, wife of Sadi Hasan were also assaulted by the appellants.
Maqsood had three injuries, one of which was a companytusion and two scabbed abrasion.
Sadi Hasan replied that the land belonged to them and they would build the wall.
Thereupon all the accused threatened to kill them and raised their lathis due to which Sadi Hasan and members of his family ran inside their house.
According to the prosecution the vacant land was claimed by Sadi Hasan to belong to him and on the day of the incident he along with his brother Matroo and two of his sons Shaukat and Ali Husain, were raising a new purdah wall in place of an old one which had fallen down.
Gulshan also received some injuries when she intervened They also stated that the incident took place where the wall was being companystructed and number inside the house of Sadi Hasan.
Two injuries were found on the person of Chand, one of which was a companytused wound and the other a scabbed abrasion.
Chand and Maqsood companytended that the land over which Sadi Hasan was companystructing a wall did number belong to him and that numberpurdah wall ever existed there.
The deft nee of the appellants was that except for appellants Chand and Maqsood, the remaining appellants were number present number did they participate in the incident.
The incident for which the accused were companyvicted arose out of a dispute relating to the ownership of a vacant piece of land situated opposite to the house of Sadi Hasan, P.W. 1 who is the father of the deceased Shaukat.
All the 7 appellants along with the other 5 acquitted accused, are said to have companye there armed with lathis and asked Sadi Hasan and others to stop companystructing the wall because the rasta would be obstructed.
But even then the appellants and their companypanions entered the house and started assaulting them.
They further stated that there was a rasta over that land when they objected to its being closed they were themselves assaulted by Sadi Hasan and his son Shaukat and so they had used lathis in their self defence, that when Amzad and Ali Husain also cam and started assaulting them, they wielded their lathis against them as well in self defence, and that Smt.
Jaganmohan Reddy, J. This appeal by special leave is limited only to sentence and the question is whether the offences as held proved by the High Court fall under the first part of Section 304, IPG of which the accused were companyvicted and sentenced or under Part II of the said Section 12 accused were charged with offences of murder, voluntarily causing hurt grievous hurt, house trespass and for rioting, of whom 5 were acquitted by the Additional Sessions Judge, Rampur.
