S. N. Variava. J. - (1.)This appeal is against a judgment dated 20th August, 1992 by which the conviction of the appellants by the trial Court by a judgment dated 26-7-1985 has been confirmed.
(2.)Briefly stated the facts are as follows : On 8th of April, 1979 in the early morning Ramadhin (since deceased) his wife Marri (PW-3) and their son Ramsharan (PW-1) had gone to the field allotted to them for collecting Mahua fruits. At that time all the appellants, along with one person named Ramasre came to the field. Appellant No. 2 was armed with a gun, appellant No. 3 was armed with a spear. Appellant No. 1 was armed with a Pharsa and Appellants 4, 5 and 6 were armed with Lathies. Appellant No. 2 asked Ramadhin as to why he was collecting Mahua fruits. Ramadhin insisted that he was entitled to collect Mahua fruits. On this appellant No. 1 threw Ramadhin on the ground and the other appellants started hitting Ramadhin. They chased his son Ramasharan away from the place of incident. Then appellant No. 1 cut one hand of Ramadhin while Ramasre cut the other hand. Appellant No. 2 fire his gun in the air to scare the son and the wife Marri. After causing injuries on Ramadhin, the appellants left the place.
(3.)While the wife Marri was bringing Ramadhin towards the village in a Tonga, they met PW-2 one Kariya and PW-5 one Chhiddu and Ramadhin told them that it was the appellants with Ramasre who had caused injuries on him. On the way to the village, Ramadhin then expired. All the appellants and Ramsharan were arrested and charge-sheeted for offences under Section 3O2 read with Section 149, I.P.C. as well as offences under Sections 148 and 147 of I.P.C. All of them pleaded not guilty and claimed to be tried.