1. The present appeal has been preferred against the impugned judgment of conviction and the order of sentence both dated 02.07.2016 whereby all the appellants have been found guilty under S.148 and S.323 of the Indian Penal Code and the appellant Mahendra Paswan additionally under S.307 of the Indian Penal Code. They have been sentenced to simple imprisonment for one year under S.148 of the Indian Penal Code and simple imprisonment for 6 months under S.323 of the Indian Penal Code. Appellant Mahendra Paswan has been further sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- under S.307 of the Indian Penal Code and in case of default to pay the fine, to undergo further rigorous imprisonment for 6 months. All the sentences have been directed to run concurrently.

2. Prosecution case.
The prosecution case as emerging from the fardbeyan of the informant Sohrai Ram is that at 6 O'clock in the morning on 05.03.2006, the appellants started demolishing the house drainage of the informant saying that the water is flowing from the drainage in their field. When the informant prohibited them from demolishing the drainage, they started assaulting him by fist