R.B. Dixit, J.

1. Feeling aggrieved by judgment and order of conviction dated 3rd November, 1998 passed in Sessions Trial No. 254/88 of Additional Judge to Sessions Judge, Vidisha at Sironj, thereby convicting the appellants under section 148, Indian Penal Code and sentencing them for one year R.I. and fine of Rs. 1,000 each and under section 307 read with section 149, Indian Penal Code for ten years R.I. and fine of Rs. 5,000/- each, the appellants have come up in appeal seeking redress praying for setting aside of the aforesaid conviction and sentence passed against them.

2. The facts giving rise to the prosecution of the appellants shorn of details lie in a narrow compass:

On 23-1-1988, when complainant Nasir Miya along with Bhaiya Miya, Liak and Mohsin had gone to look after their crops on 'Karar-Wala' field, all the accused persons including accused deceased Mumtaj, who had died during trial, surrounded them armed with lathi, farsa and ballam and assaulted them with their respective weapons saying how they dare to come to the field.

3. Nasir Miya lodged First Information Report (Ex. P-8) and he was examined by Doctor Chandrahas Sharma (PW 12) who found two simple abrasions