S.K.AGARWAL, J. - (1.) THIS appeal was preferred by these five accused - appellants against their conviction under S. 302 read with S. 149, IPC and sentence of rigorous imprisonment for life. Further accused - appellants. Preetam and Mukundi were convicted and sentenced to 7 years' R.I. under S. 307, IPC simpliciter, 2 years' R.I. to accused - appellants - Karan Singh, Tutti and Katti under S. 307 read with S. 149, IPC, 6 months' R.I. to accused - appellants - Preetam, Karan Singh, Mukundi, Katti and Tutti under S. 323 read with S. 149, IPC. However, all the sentences were ordered to run concurrently.
(2.) THE brief facts of the case are that on 20-8-1977 at about 3.30 p.m. when Gulab son of Pooran and his nephew Chhatrapal son of Bahadur were grazing their cattle in Dhandhai Haar, appellant - Preetam, who is a collateral of the above two, came there and asked Chhatrapal and Gulab, why they are grazing their cattle in his field. Chhatrapal and Gulab told him that they did not graze their cattle in his field. Preetam abused and be laboured them. Gulab and Chhatrapal are said to have defended themselves and also assaulted Preetam. On an alarm raised by Preetam his family men who were working in the vicinity including the four appellants rushed to the spot of incident. Three of them, Preetam, Karan Singh and Mukundi, were armed with axes and two were armed with Lathis. On seeing the appellants - Gulab and Chhatrapal ran towards their home to escape any further assault. The appellants followed them and when Gulab and Chhatrapal reached the field of Hirwa, they were assaulted by Preetam, Mukundi and Karan Singh and seven other accused persons with axes and Lathis. Hearing the alarm the informant and his brother Bahadur, rushed to save their children. They were ploughing their fields nearby. They were also belaboured. Some other witnesses also arrived at the spot of occurrence on hearing the alarm raised by Pooran and Bahadur. They include his daughter Lachchi and Sunkiya, wife of his brother Bahadur. The accused, after assaulting the four, ran away towards the village, Gulab and his nephew Chhatrapal were lying dead in a pool of blood in the field of Hirwa. They too suffered axe and Lathi injuries. Due to rain and fear of the accused persons they did not go to the police station that day. The report in the case was lodged on 21-8-1977 at 8.30 a.m. The distance between the police station and the place of occurrence is just 5 miles. On the side of prosecution, apart from the two deceased, Chhatrapal and Gulab Punna suffered only blunt object injuries. Bahadur had an incised wound 2 cm. x .5 cm. x muscle deep at the border of the right mandibular angle 4 cm. below right ear. Rest of his injuries were by blunt object.
(3.) THESE injured were medically examined by PW 6 Dr. R. S. Mishra on 21-8-1977 between 10.30 and 11.30 a.m. He has proved their injury reports. A perusal of his statement indicates that none of the injuries were found grievous, no X - ray report nor any supplementary medical report is available on the record. In these circumstances, their injuries, apparently, were simple. The colour of contusions was not noted by this doctor. The duration of their injuries was twenty hours. It is an important aspect.;