(1.) Statement/Fardbeyan of Sadre Alam P.W. 7 is made basis for F.I.R. which in brief is that on 13.3.1992 at about 6.00 PM his father Noor Alam P.W. 5 was irrigating his land. Accused appellant Kari Mian came there and diverted the flow of water towards his field to first irrigate his field. Same was protested by the informant's father. So there appeared some altercation and exchange of hot words in the field. Informant's father came back his home. It is alleged that at about 6.30 PM all the accused appellants namely Kari Mian, Md. Abbas, Md. Umar, Bijuliya and Salim Mian variously armed with Lathi, Farsa, Grassa and Bhala came at his house and started abusing his father. A protest also was made on which tiled roof of the informant's house was damaged by beating the same. On further protest accused appellant Kari Mian exhorted to finish all the family members and blew his Farsa on the head of informant's mother. In attempt to ward the same it hit informant mother's forehead causing cut and bleeding injury. She fell down.
(2.) Rest of accused persons pressed her chest repeatedly with force from their legs. For Bijuliya it is said that he inflicted Lathi blow on left arm causing fracture of bone of left arm, Umar Mian is alleged to have assaulted his father by means of Lathi causing injuries on his both arms and bleeding injury on head. Accused appellant Salim Mian is alleged for inflicting a Farsa blow on the head of his brother Shah Alam causing cut and bleeding injury. Bejuliya is alleged for assaulting Shah Alam informant's brother by means of Lathi. Informant was also assaulted by Bijuliya when he went in rescue of his brother. On alarm witnesses appeared and accused appellants left the place of occurrence. With assistance of village people informant, his father, mother and younger brother were brought to the Clinic of Dr. S. Pandit where all the injured were being treated (provided medical aid). Fardbeyan was recorded at Police Station as informant had come there having simple injury only.
(3.) Trial is ended in conviction and sentence to all accused appellants for the offence under sections 307 read with 149 of the Indian Penal Code by passing the impugned judgment validity of which has been questioned through filing this appeal.