D. S. Dhaliwal, J.

The petitioners herein along with six others was tried for offences under Sections 147, 325 and 323 I.P.C. in the court of Judicial Magistrate, Dumka. The trial court although acquitted the petitioners and their co-accused of the offence under section 325 I.P.C. but convicted all the accused under section 147 I.P.C. and sentenced them to undergo rigorous imprisonment for one year each and also convicted petitioner nos. 1, 3, 4, 5, 6 and 7 under section 323 I.P.C. vide order dated 14th May 1980 and sentenced each one of them to under go imprisonment for six months. The petitioners and their co-accused preferred appeal and the 2nd Assistant Sessions Judge, Dumka vide order dated 17th July, 1984 acquitted all the accused of the offence under section 323 I.P.C. but maintained their conviction as recorded by the trial court under section 147 I.P.C.

2. The prosecution case, In brief, is that on 8.7.1973 at about 6 A.M. Nunamati Majhiain (first informant) had gone to her field to get plot no. 124 ploughed through her nephew Jainarain Manjhi and Ram Rekh Mandal. The petitioners and their co-accused came there armed with lathis and assaulted the first informant and