I.P.Singh, J.

1. Appellant Jhemi Gope has been convicted under section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. He has also been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. His sentences have been ordered to run concurrently. Appellants Nagina Gope, Ramraj Prasad, Kanhai Gope and Bilas Gope have been convicted under section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each.

2. Prosecution case, in short, is that on 9.12.1984 at 12.45 hours Fardbeyan of Ramdeo Gope (informant) was recorded at Fatuha Hospital by A.S.I. In his Fardbeyan he stated that on the same date at about 12.00 A.M. when he was measuring the land along with Pyare Mahto, all the appellants variously armed came there. Jhimi Gope asked the informant and Pyare Gope not to measure the land. Pyare Gope replied that he had purchased the land from one Baldeo Gope. It has been alleged that the accused persons began to abuse them and threatened not to make any construction over his land. Thereafter altercation took place. Appellant Bilas Gope ordered