R.N.Verma, J.

Invoking the revisional jurisdiction of this Court under sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as "the Code") all the three petitioners have prayed for setting aside the judgment of conviction and order of sentence dated 12.05.2004 passed by Ist Assistant Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 109 of 1996 and affirmed by the Sessions Judge, Palamau at Daltonganj in Criminal Appeal No. 70 of 2004 with certain modification in the sentence.

2. The prosecution story in brief is that the informant Mandeep Rai (P.W.4) was sitting on his Darwaza on 15.11.1995 at 9 a.m. and watching his flour mill, when accused no. 1, Surendra Rai started quarreling with the grand son of Indradeo Rai (P.W.1), whereafter the informant and his brother Bishwanath Rai (P.W.5) tried to pacify the matter by scolding both of them. But in the meantime, petitioner no.1, Surendra Rai gave Garansa blow on the head of Bishwanath Rai, causing grievous injury. The other two petitioners namely, Murari Rai and Dhrub Rai, who were also holding lathi and sickle, assaulted the informant and his aunt. On the basis of said information, Lesliga