injured victim Sheonandan. There is also allegation that an FIR was lodged on the same date against the PW-1 alleging that PW-1 is said to have raped the wife of the PW-1which infuriated the appellants and they assaulted their father on the same day. The date of incident in the present case is 10.03.1999 i.e. almost more than 17 years ago. The conviction of the Appellant also is of 27.12.2000 which again is more than 16 years ago. The evidence of PW-8, Devi Prasad Tiwari, the Investing Officer reflects that there was a complaint lodged by the wife of the Appellant No.1 against PW-1. The evidence which is on the record does not show that there was any sort of previous animosity between the Appellants with PW1 rather their relationship were not inimical stands established from the fact that they were staying together. The evidence which have come on record particularly that of PW-1 the injured victim also would reflect that there was no previous fight. Neither is there any evidence to show any premeditation on part of the Appellants to assault the injured. Another aspect which cannot be brushed aside is the fact that both the appellants are real brothers and injured is their real father and that no grown up sons would assault his father unless there is some serious provoking action on part of the father which might have in the spur of moment and heat of passion made the sons assault their father.
