1. - This appeal is directed against the judgment dated 17.12.82 passed by the Addl. Sessions Judge. Gangapur City in Sessions Case No. 44/82. whereby the appellants have been convicted under sections 147, 323/149 and 323 IPC. Dharam Singh has also been convicted under section 326 IPC and Dheer Singh is also convicted under section 324 IPC.

2. The brief facts giving rise to this appeal are that on 17.8.80 at about 10 p.m. a written report Ex.P.l was lodged by P.W.1 Mohar Singh at Police Station Salempur against 9 persons including the appellants. In that report it was alleged that on 17.8.80 at about 4 p.m. Sheo Ram was coming back from the river after giving water to his buffalo and when he reached near Khatwar (carpenters courtyard) 8 persons named in the report including the appellants were sitting there and they were armed with weapons like sword dhariya gandasi and lathis. Ah the accused persons opened the attack upon Sheo Ram and gave beating by lathis and other sharp weapons. After hearing the cries of Sheo Ran , Hari Ram and Ganga Sahai came there in order to save Sheoram but they were also beaten by the accused persons. Vijty Singh and Ramchaian also came thereaft