S.S.BYAS, J. - (1.)SINCE , these two appeals were directed against one and the same judgment of the learned Sessions Judge, Jalore dated August 5, 1981, they were heard together and were decided on September 28, 1984 by a single judgment. The appellant's appeals were partly allowed by us in the manner indicated as hereunder: Judgment pronounced. In the aforesaid appeals we pass the following order, reasons for which we shall give later:
(1) appeals of accused (1) Dhura (2) Sujana, (3) Niina, (4) Madha s/o Lumbaji (5) Pabu and (6) Haru are partly allowed. Their conviction and sentence under sec 302/149, IPC are set aside and they are acquitted of the said offence. The conviction and sentence of accused (1) Sujana and (2) Dhura under Section 307, IPC and the conviction and sentence of the remaining four (1) Madha s/o Lumbaji, (2) Naina (3) Pabu and (4) Haru under Section 307/149 IPC are also set -aside. Instead, accused (1) Sujana and (2) Dhura are convicted under Section 326, IPC while the remaining four (1) Madha s/o Lumbaji, (2) Naina (3) Pabu and (4) Haru are convicted under Section 326/149, IPC for causing injuries to Pokar and Thakara. Since all of them have also been convicted under Section 326, IPC and sentenced to four years rigorous imprisonment with a fine of Rs. 300/ -by the Court below, there is no need to pass separate sentence for the offence to which we have altered their conviction.

(2) The convictions and sentences of the appellants for the remaining offences are maintained. (3) The substantive sentences of the appellants shall run concurrently while those in default of the payment of fine shall run consecutively. The period of detention of the appellants, if any undergone by them during investigation, enquiry or trial shall be set -off against the terms of imprisonment imposed on them. In case they have served out the full term of their sentences, they shall be immediately set at liberty if not wanted in any other case.
We now, record the reasons.
(2.)BY his judgment aforesaid, the learned Sessions Judge convicted and sentenced the appellants as under:
S. No. Accused Offence Sentence awarded 1. Sujana Ram s/o 302/149, IPC Inprisonment for life with a Ramuji a fine Rs. 1000/ -, in defaultof payment of fine to further undergo two years' RIGOROUS IMPRISONMENT307, IPC Seven years' rigorous imprison -ment with a fine of Rs. 500/ -,in default of payment of fine to further undergo one year's rigorous imprisonment326, IPC Four years rigorous imprisonmentwith a fine of Rs. 300/ -,in default of payment of fine to further undergo six month's R.I.324, IPC 1 1/2 years' rigorous imprison -ment with a fine of Rs. 200 in default of the payment of fine to further undergo two month's R.I.148, IPC One year's rigorous imprison -ment with a fine of Rs. 100/ -, in default of the payment of fine to further undergo fifteen day's rigorous imprisonment2. Dhura s/o 302/149, IP Imprisonment for life with aKumbha fine of Rs. 100/ -in default ofthe payment of fine to further undergo two year's rigorous imprisonment307, IPC Seven year's rigorous imprison -ment with a fine of Rs. 500/ -.in default of the payment of fine to further undergo one year's rigorous imprisonment326, IPC Four years rigoious imprison -ment with a fine of Rs. 300/ -in default of the payment of fine to furthar undergo six months rigorous imprisonment324, IPC 1 1/2 years, rigorous imprison -ment with a fine of Rs. 200/ -in default of the payment of fine to further undergo two months R.I.148, IPC One years rigorous imprison -ment with a fine Rs. 100/ -indefault of the payment of fine to further undergo fifteen days R.I.3. Madha s/o 302, IPC Imprisonment for life with aLumbaji fine of Rs. 1000/ -.in default ofthe payment of fine to further undergo two years R.T. 307/149, IPC Five years rigorous imprison -ment with a fine Rs. 300/ - in default of the payment of fine to further undergo six month's rigorousimprisonment 226, IPC Four year's rigorous imprison -ment with a fine of Rs. 300/ - in default of the payment of fine to further undergo six months rigorous imprisonment324, IPC 1 1/2 years rigorous imprison -ment with a fine of Rs. 200/ - in defaultof the payment of fine to further undergo two months R.I.148, IPC One yeat's rigorous imprison -ment with a fine of Rs. 100/ -, in default of the payment of fine to furtherundergo fifteen days R.I.4. Naina 302/149, IPC Imprisonment for life with afine of Rs. 1000/ - in default of the payment of fine to further undergo two year's R.I.307/149, IPC Five year's rigorous imprisonment with a fine of Rs. 300/ -, in default of the payment of fine to further undergo six month's rigorous imprisonment325, IPC Four year's rigorous imprison -ment with a fine of Rs. 300/ -,in default of the payment of fine to further undergo six months rigorous imprisonment324, IPC 1 1/2 years rigorous imprison -ment with a fine of Rs. 200/ -in default of the payment of fine to further undergo two months R.I.148, IPC One year's rigorous imprisonment with a fine of Rs. 100/ -in default of the payment of fine to further undergo fifteen days R.I.5. Pabu s/o 302//149 IPC Imprisonment for life with aRamu fine of Rs. 1000/ - in default offine to further undergo two year's R.I.307/149, IPC Five years rigorous imprisonment with a fine of Rs. 300/ -, in default of the payment of fine to further undergo six months rigorous imprisonment226, IPC Four year's rigorous imprison -ment with a fine of Rs. 300/ - in default of the payment of fine to further undergo six month's R.I.324, IPC 1.1/2 years rigorous imprison -ment with a fine of Rs. 200/ - in default of the payment of fine to further undergo two months R.I.148, IPC One year's rigorous imprison -ment with a fine of Rs. 100/ - in default of the payment of fine to further undergo fifteen days R.I.6. Haru s/o 302/149, IPC Imprisonment for life with afine of Rs. 1000/ - in default of the payment of fine to further undergo two years R.I.307/149. IPC Five year's r.i. with a fine of Rs. 300/ - in default of the payment of fine to further undergo six month's R.I.326, IPC Four year's r.i. with a fine ofRs. 300/ - in default of the payment of fine to further undergo six month's R.I.324, IPC 1 1/2 year's rigorous imprison -ment with a fine of Rs, 200/ - in default of the payment of fine to further undergo two months rigorous imprisonment 148, IPC One year rigorous imprison -ment with a fine of Rs. 100/ -in default of the payment of fine to further undergo fifteen day's rigorous imprisonment

The incident is alleged to have taken place on the road crossing is Sarhad Mauja Sankar Police Station Sanchore at about 10.00 A.M. On October It, 1980 in which one was done to death and five others were severely injured.

(3.)IN succinct, the case put up by the prosecution is that the deceased -victim Koja was the real brother of PW 1 Pokar and.PW 4 Rachu residents of village Sankar. Jeevna and Madha, who are real brothers inter se (main accused in the case but are absconding) are also residents of village Sankar. The relations between these two factions were unhappy. On October 5, 1980, PW 4 Rachu presented written report (Ex. PW 1) at Police Station, Sanchore against Jeevna and Madha alleging therein that they had molested his daughter Kumari Shanta in the afternoon of October 4, 1980. The Police registered a case under Sections 354, etc. of the Penal Code and proceeded with investigation. This further embittered the relation between the two factions. The appellants and some other persons, who have been acquitted by the court below, were the sympathisers and supporters of Jeevna and Madha.