K. Narayan, J. - (1.) Six appellants Jawahir Singh, Sharda Prasad Singh, Chhedi Lal Singh, Deo Brat Singh, Harish Chandra Singh, Prakash Chand Singh were tried by the 111rd Addl. Sessions Judge, Mirzapur in S.T.No. 53 of 1979 on the charges under Sections 147, 149, 323, and 326 IPC. It appears that the case was committed to the Court of Sessions on account of the pendency of another cross case purporting to be under Sections 395/397 IPC. The accused appellants were found guilty of the offence under Sections 325/323/147 IPC and though the observations were recorded for the quantum of sentence, they were not sentenced to any imprisonment but were let off with the benefit of first offenders by the order dated 15.9.1979.
(2.) The appellants. have approached this court against the order of conviction though of course a stay was also granted by order dated 20.9.1979 regarding operation of the order of probation.
(3.) I have heard the learned counsel for the appellants at length as also AGA. From a perusal of the evidence, it appears that there was some sort of scuffle during noon hours between one Vinod Kumar Singh, grand son of Ram Pitambar Singh and accused Chhedi Lal. As usual there was some reprimand by some elders and the things were allowed to cool off. In the evening the matter was being communicated in the house when there was some exchange of blows resulting in few in-juries. It will be worthwhile to mention that the original FIR was under Sections 147 and 323 IPC and it was only later on that one of the injury was found to be a minor bonny lesion. The defence case is that when this communication along with the family members was going on in the house, Virendra Singh came with Gandasa along with others and caused certain injuries. It is thus evident that this informant group had also received certain injuries. The matter thus could be decided only on the strength of the exact place of occurrence, which unfortunately has not been very clearly made out. The parties are close cousins and live in close houses and only a small house of Baba Singh intervenes between the two and may be that Sehan is also common. The place of occurrence has been shown in the Sehan. In the circumstances it is difficult to say as to which of the two parties was really an aggressor and which acted in self defence only. Be it whatever it may it will be simply giving further blow to the bad blood which has already subdued a lot due to lapse of about 14 years if more than necessary weight is given to it.;