S.S.BYAS, J. - (1.)BY his judgment dated March 31, 1980, the learned Sessions Judge, Churu convicted and sentenced the two appellants as under: JUDGEMENT_281_TLRAJ0_1984.htm The substantive sentences were directed to run concurrently. The accused have come up in appeal to challenge their convictions and sentences.
(2.)BRIEFLY staled, the case set up by the prosecution is that the well and agricultural lands of PW 1 Bhera Ram Jat are situated in Rohi of village Daudsar district Churu, as shown in site plan Ex. P 17. He had constructed a Dhani there, in which he was living with his deceased son Laxman Ram and other members of his family. Contiguous in the East of his field is situated the field of the accused persons. There existed a way from times immemoriable running West to East in the field of Bhera Ram to go the field of the accused. A few years before the incident, Bhera Ram closed this way and provided another way in the North of it in his field. This new way was also closed by Bhera Ram and another way was provided to the accused persons in the North of his well. This way has been shown by mark '6' in Ex P 17. The accused had been using this way nearly for a year before the incident. There also exists a public way running North to South in the field of Bhera Ram which goes from villape Gaurisar to village Kaikuriya. When Bhera Ram closed the ancient way of the accused, the accused lodged a report with police against him in which his son Laxman was arrested. The accused also filed a suit against Bhera Ram for this ancient way.
At the time of sun -rising on November 20, 1978, PW 1 Bhera Ram and his son Laxman were sitting at their well while his grandsons Hukmaram (PW 3) and Manaram (PW 4) were operating the well. The appellants accompanied with their brother Teja Ram (co -accused but acquitted), and father Ganpat Ram and uncle Sukha Ram came in a cart on the way shown by marks '6' in Ex P 17. Ganpat Ram and Sukha Ram were standing at some distance. Accused Nanuram had a wire -wrapped lathi while accused Kanaram had a Chosangi. Accused Tejaram had an ordinary lathi. The accused persons gave a call that since they (Bhera Ram and the members of his family) have blocked their way, they would teach them a lesson. Apprehending danger, Laxman got up and proceeded to go to wards his Dhani. Thereupon accused Nanuram struck a blow of his lathi on the head of Laxman. Laxman fell down. Thereafter the appellants and Tejaram struck blows to him with their weapons. Hukmaram (PW 4) and Manaram (PW 4) came there to help their father Laxman but they too were not spared and were severely beaten by the appellants and Tejaram. Laxman's wife Smt. Chanda (PW 2) also came there and she too was not spared. The victims raised tries. Kusalaram (PW 5), Mohanram (PW 6) Mohanram (PW 7) and some other persons came there on the spot. The appellant and Tejaram there after went away taking their camel -cart with them. There was profuse bleeding from the wounds of Laxman Ram and he passed away instantaneously on the spot. PW I Bheraram left for Police Station, Ratangarh and reached there at about 4.00 P.M. and verbally lodged report Ex. P1 of the occurrence. The police registered a case and proceeded with investigation. The Investigating Officer Pannaram (PW If) arrived on the spot and prepared site plan (Ex. P17). He also seized and sealed the blood -stained soil from the place of occurrence. He prepared the inquest report of the dead -body of Laxman. The post mortem examination of the dead -body of Laxman was performed on November 21, 1978 by PW 8 Dr. P.P. Gupta, Medical Jurist, Group Hospital, Ratangarh. He noticed the following ante -mortem injuries on the victim's dead body:

External 1. Lacerated wound 6 2 cm bone deep on left fronto parietal region middle part with haemotoma spreading all around and in sub -apersuritic region oblique left eye is ecchymised 2. Contusion 6 x 5 cm x 5 cm above right wrist dorsal with fral of right radious and ulna 3. Contused wound 4 x 2 cm x bone deep 7 cm x bone deep 7 cm above right lateral mallelous with Trace of fibula and tibia 4. Contusion 6 x 3 cm 6 cm above left fibula and tibia Internal 1. Fracture of left frontal and parietal bones. Fractures were of depressing type. Fracture line was joining on right side through front parietal sutures into temporal bone. The doctor was of the opinion that Laxman Ram died due to fracture of right fronto and parietal bones with sub -dural haemorrhage and shock. The post monem examination report issued by him Ex. P 11.

(3.)DR . Gupta also examined the injuries of the injured victims on November 20, 1978. He noticed ten injuries on the person of Hukmaram (PW 3), 15 injuries on the person of Manaram (PW 4) and 18 injuries on the person of Mst. Chanda (PW 2). All these injuries were caused by blunt object. All the injuries of Smt. Chanda (PW 2) were found simple. The X -ray examination revealed the fracture of the left fibula of Hukmaram and fracture of fronto -parietal bones of Manaram. The injury and X -ray examination reports of these victims are Ex. P3 to Ex. P9. The appellants were arrested. The blood -stained clothes of the deceased -victim were seized and sealed. In consequence of the information furnished by the appellants, lathi and Chosangi were recovered. After, when the investigation was over, the police filed a challan against the appellants and Tejram in the Court of Chief Judicial Magistrate, Churu, who in his turn committed the case for trial to the Court of Sessions Judge, Churu. The learned Judge framed charges under Sections 302/34, 307/34, 325/34, 323 and 447, I.P.C. against them, to which they pleaded not guilty and demanded trial. Accused Teja Ram. who was 12 or 13 years of age, pleaded alibi and stated that he was falsely implicated. The appellants admitted their presence on the spot but gave a counter version of incident. According to them, they were going in a camel -cart to their field through the way provided to them by the complainant party in its field. While they were still in that way, Laxman (deceased -victim) and others came there and prevented them from going further. Thereupon they (appellants) turned their camel -cart in the way which runs from Gaurisar to Raipuriya. The members of the complain nant party also blocked that way and forcibly took away their camel -cart to their (complainant party) Dhani. It was submitted that the police have only put up a truncated version of the occurrence and have concealed the real facts. In support of its case, the prosecution examined 17 witnesses and filed some documents. In defence, the accused examined two witnesses. On the conclusion of trial, the learned Sessions Judge found no incriminating material against accused Tejram. He was consequently acquitted of the offence he was charged with. The learned Judge took the prosecution story substantially true and proved against the appellants. He found no merit in the version put forth in defence by the appellants. The appellants were consequently convicted and sentenced as mentioned at the very out -set. Aggrieved against their convictions and sentences, the appellants have taken this appeal.