Shyam Kishore Sharma, J.

1. The above five appellants, have filed this appeal against the judgment dated 16-8-1993 passed by 3rd Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 70 of 1987 by which they have been convicted under Sections 307/149, 323, 325 and 148 of the Indian Penal Code but appellant Nos. 1 and 2 (Mohan Singh and Ganesh Singh) have been sentenced to undergo rigorous imprisonment for six years and rest three appellant Nos. 3, 4 and 5 (Tek Narain Singh, Ram Bilash Singh alias Ram Biraj Singh and Raj Narain Singh alias Chotak Singh) for four years each under Sections 307/149 and 325 of the Indian Penal Code and rigorous imprisonment for one year under Section 323 of the Indian Penal code. No separate sentence is awarded to appellant Nos. 1 and 2 under Section 148 of the Indian Penal Code. The sentences were ordered to run concurrently.

2. The prosecution case is based on the fardbeyan of Hari Nandan Singh wherein it is alleged that on 16-9-1984 at about 10.00 a.m. when he went to his village pond, he saw many co-villagers assembled there in connection with performance of shradh ceremony of mother of Bishwanath Singh. He learnt 4-5 days prior to the date of occurrence that accused Raj Narain Singh and Ganesh Singh had cut away his seesam tree worth Rs. 25/-. The informants cousin brother Shiv Nandan Singh told accused Tekan Singh as to why theft of seesam tree was committed by his brother Ganesh Singh and Raj Narain Singh. The accused Tekan Singh became angery and threatened to dire consequences. At the behest of Lalit Singh, the accused persons assaulted the informant with palm sticks in presence of the witnesses named in the fardbeyan. Then the informant proceeded towards his house but in the way when he reached near the house of Aneshwar Singh, all the accused persons surrounded him and at the instigation of Lalit Singh, accused Ganesh Singh gave a bhala blow on his left chest and accused Mohan Singh hurled a farsa balow on his head. After sustaining injuries, the informant fell down and thereafter he was further assaulted by Ganesh Singh on his left arm by bhala and other accused persons with lathis. The informants cousin brother Ramji Singh came to rescue the informant, he was also assaulted by accused Tekan Singh, Raj Narain Singh and Ram Biraj Singh by lathis. Both the injured cried for help. On hearing cry, the witnesses came there and saw the occurrence. Thereafter the accused persons escaped. Both the injured were brought to Jandaha Hospital for treatment where fardbeyan of the informant was recorded by S.I. Satyadeo Rai of Janmdaha Police station. On the basis of which Jandaha P.S. case No. 97 of 1984 was registered under Sections 147, 148, 324, 149, 307, 323, 341 and 379 of the Indian Penal Code. Thereafter, formal FIR was drawn. The matter was investigated into and after completion of investigation, charge-sheet was submitted. Cognizance was taken and the case was committed to the Court of sessions. The trial proceeded. Charge under Section 148 of the Indian Penal Code was framed against accused Ganesh Singh and Mohan Singh. Further charge under Sections 307/149, 323 and 325 of the Indian Penal Code was framed against all the accused persons and the same were explained to the accused persons who pleaded innocence and preferred to face trial.

3. The defence of the accused persons was of false implication and also that no such occurrence as alleged has taken place. In fact the appellants were victim of assault by the prosecution as they received injuries at the alleged field from which seesam tree was cut away by the prosecution party. The defence has also examined one D.W. who is Shiv Nandan Singh.

4. In order to prove its case, the prosecution examined altogether 7 witnesses. They are : P.W. 1 Ramji Singh, P.W. 2 Harinandan Singh, the informant, P.W. 3 Ram Sarowar Singh, P.W. 4 Ram Naresh Singh, P.W. 5 Ram Ashray Singh, P.W. 6 Satyadeo Rai, Investigating Officer and P.W. 7