NAVIN SINHA,J.- - (1.) The two appellants stand convicted under Sections 323 r/w 34, 324 r/w 34 and 307 r/w 34 IPC to undergo one year, two years and eight years of rigorous imprisonment respectively. Appellant No.2 has been additionally convicted under Section 304 Part II r/w 34 to undergo rigorous imprisonment for eight years and fine with a default stipulation.
(2.) The genesis of the assault lies in an occurrence in the morning of 15.04.1980. The bullocks of the appellants strayed into the neighbouring compound of the deceased, Prem Lal who drove them out with a lathi, leading to an altercation with the accused Kashmira, since deceased. The latter went back to his house, and returned immediately armed with a lathi, accompanied by the appellants, who were also armed with an iron rod and a knife respectively. They together assaulted the deceased Prem Lal. PW-1, Banarasi, the informant, and PW-2, Omveer, an injured witness and another injured witness Rajendra Singh intervened by picking up a lathi from the ground and retaliated in self-defence. The appellants then scampered away from the place of occurrence. The fourth accused was held to be a juvenile.
(3.) The post-mortem of the deceased done by PW-7, Dr. B.K. Mishra, revealed three abrasions on the abdomen, back and shoulder apart from two incised wounds, muscle deep, on the scapula and the left thigh, leading to cut of the femoral artery. Death was attributed to the last injury. The abrasions were opined to have been caused by a lathi. PW-3 and Rajendra Singh sustained simple injuries, as opined by PW-6, Dr. Ajeet Singh, attributable to a knife and iron rod.;