H.C.MITTAL,J. - (1.) OF the above named appellants Satishpal, Vir Mahendra, Ramphal and Sri Pal are sons of appellant Shyam Singh. Gajendra is grand son of Shyam Singh. Appellant Babu Ram is son of appellant Ranvir. All these appellants have been con­victed and sentenced under Sections 302 and 307 read with Sec. 149, I.P.C. to life im­prisonment and four years rigorous imprisonment each. Among these appellants Shyam Singh, Satishpal, Ramphal and Gajendra have further been convicted under Section 147, I.P.C. and sentenced to one year rigorous imprisonment while appellants Ranvir, Vir Mahendra, Sripal and Babu Ram have been convicted and sentenced under Section 148, I.P.C. to two years rigorous imprisonment each by Sri D.L. Soni, the then Special Ses­sions Judge, Ghaziabad on 10.6.1983.
(2.) THE prosecution case in brief is that on 22.2.81 at about 12 in the noon when Lal Singh deceased along with his son Dilip Singh and First informant Satendra were work­ing in their sugar-cane field and Maharaj Singh was ploughing his field near by all these appellants armed with Lathis, Spears, Tabal and Knife reached there and started attack­ing Lal Singh and Maharaj Singh with their weapons and when Satendar also intervened he was also attacked, as a result of the attack all the three received several injuries and immediately thereafter at 1.00 p.m. written report was tendered at P.S. Modinagar at a distance of 4 Kms. on the basis of which a case under Sections 147, 148, 323 and 324, I.P.C. was registered and the injured were sent to the Hospital at Ghaziabad where Dr. K. K. Karoli (P.W. 5) examined and noted the following injuries on their persons. Injuries of Maharaj Singh (1) Incised wound with clean cut margins on the left ear. There was bleeding and the left ear had been cut through and through. (2) Incised wound with clean cut margins, bleeding, on the back of the left ear 2 cm x 1 cm. (3) Incised wound with clean cut margins, bleeding, on the left side of the head 3 inches above the left ear 4 cm x scalp deep. (4) Abrasion 4 cm. x 1 cm on the right side of chest, 4 inches below the nipple. (5) Contusion 8 cm x 2 cm on the right thigh front and middle side. (6) Incised wound with clean cut margins on the left leg from and middle portion 2 cm x 1 cm x muscle deep, bleeding. (7) Multiple contusion marks on the entire hip region. (8) Swelling on 1/3 upper part of left leg, X-Ray advised. Injuries on the person of Lal Singh. (1) Traumatic swelling on the entire right ear, with bleeding due to internal injury to the head. (2) Traumatic swelling on the entire left ear with bleeding due to internal injury to the head. (3) Incised wound with clean cut margins on the left ear lobe, 2 cm x 2 cm bleeding. (4) Incised wound with clean cut margins on the left side of neck, 1 cm x 1/2 cm bleeding. (5) Incised wound with clean cut margins on the back portion of left ear, bleeding. (6) Multiple abraded contusion marks on the top of the head. Advised X-ray on the entire head. (7) Multiple contusion marks on the right side of hip, upper portion. On the person of Satendra Pal Singh. (1) Traumatic swelling on the head 2 cm x scalp deep, 3 inches above the base of the nose on left side, with bleeding. (2) Traumatic swelling on the left side of shoulder. (3) Lacerated wound on the left hand with clean cut margins, 4 cm x. 4 cms. on the basis of thumb, bleeding. (4) Traumatic swelling on the back side of the left hand, X-ray advised. (5) Abrasion 4 cm x 1 cm on the right forearm, outer portion. Condition of Lal Singh was more serious hence he was taken to the All India Medical Institute of Sciences, Delhi and there he expired on 26.2.1981 at 8.55 a.m. on account of the injuries. The case was sub sequently converted under Sections 302 and 307 instead of 323 and 324 I.P.C.
(3.) INVESTIGATION of the case was conducted by P.W. 7 Inspector R.P. Sharma, Appel­lant Ranvir had himself gone to lodge report at 1.30 p.m. at the police station and there he was apprehended and his report under Section 323, I.P.C. for non-cognizable offence was written against Maharaj Singh, Lal Singh, Satendra and Suresh for causing him injuries with Lathis, Spears and fists. After completion of the investigation accused were tried and at the trial to prove its case prosecution in all examined seven witnesses, of whom P.W. 1 Satendrapal, P.W 2 Maharaj Singh and P.W. 3 Jagat Singh are the eye-wit­nesses of the occurrence and they corroborated the prosecution story stated above.;