Sheema Ali Khan, J. – The appellants, three in numbers, have been found guilty for offences under Section 307/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- by the 5th Additional Sessions Judge, Bhojpur in Sessions Trial No. 474 of 1991.

2. The First Information Report was instituted on the basis of the fardbayan of Arun Kumar Thakur (PW 5). According to the case as made out in the First Information Report, it is said that Arun Kumar Thakur along with his uncle Bhola Thakur (PW 4) and his father Ramadhar Thakur (PW 1) were sitting near their door. In the mean time, it is said that the accused persons came to the door of the informant and asked them to partition the orchard and asked them to remove their pilani from the orchard. The informant did not remove the said pilani, on which Kapil Thakur ordered others to assault the informant and others. It is alleged that Lal Mohar Thakur assaulted Arun Kumar Thakur, the informant, on his chest by a Bhala. It is also said that Manager Thakur and Kapil Thakur assaulted him by a Bhala and lathi respectively. Bhola Thakur was assaulted by lathi by K