S.K.Homchaudhuri, J.

1. Both the appeals are directed against the common judgment or conviction and sentences passed against the appellants of both the appeals, by the 3rd Additional Sessions Judge, Aurangabad, in 112/86 sessions trial No.---------and as such the appeals are heard together and dis-44/91 posed of by this common judgment.

2. The prosecution case, as disclosed from the Fardbeyan of Ambika Psasad (PW 8), the informant of the case, is that on 5-5-1985 around 10-30 a.m. accused Jagarnath Singh, Mahabir Singh, Baijnath Singh, Bishwanath Singh, Paras Singh had started filling up the foundation pit dug by the prosecution party in their own land, a day prior to 5-5-1985. Arjun Singh, brother of the informant well there and asked accused persons not fill up the foundation pit, thereupon a hot exchange of words between accused Mahabir Singh and Arjun Singh took place. The informant Ambika Singh and Ram Devi Singh went there to pacity but, in the meantime, at the instance of Mahabir Singh, accused Baijnath assaulted Arjun Singh on his head with SabaV (an instrument made of iron for digging earth). Arjun Singh fell down and accused Jagarnath Singh thereafter assaulted Ar