Penal Code, 1860–Secs. 304 Pt. I /149–Conviction–Sustainability–Admitted fact that the accused party was the owner of land and was harvesting the crop–Complainant party tried to stop them and took the law in their own hands by causing injury to R with a gandasi –Every member of accused party was having the apprehension that death or grievous hurt would be the consequence of such assault–Investigation Officer admitted that two injured accused reached, however, he did not register their complaint–Section 149 does not attract in the present case–Appellants are entitled to be acquitted.
