( 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 IPC. The appellants are consequently sentenced to 4 years R. I. , one yearr. I. , 6 months R. I. 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 relation between them were strained due to litigations including proceedings under Section 107/116. As a consequence of this animosity, 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 alarm raised by the victims of the incident. The assailants as soon as they saw a nu