( 1 ) HEARD learned counsel for the applicants Sri G. S. Chaturvedi assisted by Sri Samit Gopal, Sri K. N. Joshi, learned Counsel for the complainant and learned A. G. A.

( 2 ) THE present appeal has come to this Court against an order of conviction under Sections 307/149, 325/149, 323/149 and Section 147, I. P. C. The appellants are consequently sentenced to 4 years RI. , one year RI. 6 monthst RI. respectively under the above said counts. The sentences were to run concurrently.

( 3 ) THE brief facts of the case are that appellants and victim both are collaterals. They were living in the same area. The relations between them were strained due to litigations including proceedings under Sections 107/116. As a consequence of this enimosity, on 2-4-1989 in the morning at about 8. 00 A. M. an assault was launched by these appellants and 3 others who were acquitted by the trial Court upon Shiv Balak Bharti. Raghunath Bharti, Ram Kumar Bharti and the informant Ram Das Bharti while they were harvesting their Arahar crop. The assault culminated on the arrival of the witnesses who heard the arms raised by the victims of the incident. The assailants as soon as they saw a nu