Loknath Prasad, J.

1. This appeal is directed against the judgment dated 15th February, 1993 passed by 4th Additional Sessions Judge, Giridih, in Sessions Trial No. 279 of 1988 thereby and thereunder the appellant Hakim Roy, was found guilty under Section 324 of the Indian Penal Code; Kedar Ray and Bhikhi Ray were also found guilty under Sec. 323, IPC and they were sentenced to under go rigorous imprisonment for one year; whereas the appellant Mathura Ray was found guilty under Section 325, IPC and sentenced to undergo rigorous imprisonment for two years and he was also found guilty under Sec. 323, IPC and was sentenced to undergo rigorous imprisonment for a year; whereas Arjun Roy was found guilty under Secs. 326, 324, 148, IPC and he was sentenced to undergo rigorous imprisonment for three years and one year respectively.

2. The prosecution case, in short, is that on 12.12.87 Tunkeshwar Rai, the brother of the informant had gone to brick kiln situate near his house, then these petitioners and others came armed with Lath, Bhala and Rod and asked him as to why he is working in the kiln. Then they began to assault Tunkeshwar Rai and when Baikunth Rai and nephew Lekhraj Rai i