Hari Swarup, J. - (1.) THIS revision has been filed by the accused against their conviction under Sections 147, 452 and 326/149 IPC and sentences of 12 months, 18 months and 18 months respectively in respect of the three offences.
(2.) THE prosecution case in brief was that on 21-8-70 at about 4 p.m. Bhagwan one of the accused was ploughing his filed and in that process was damaging the sugar-cane crop of the complainant Hari Ram in the nearby field. On this there was an exchange of hot words between the parties. Susequently at about 7 p. m. all the accused armed with lathis came to the gher of Hari Ram and assaulted him. A police report was lodged by Hari Ram at the police Station Pilana. According to Hari Ram, oral report was not taken down and then he submitted a written report but a copy of the report with police endorsement was not handed back to him. The police did not proceed either to investigate the matter on this report or to prosecute the accused. Hari Ram complainant was examined by Doctor on 21-8-70 at 9.55 P. M. and was found to have 8 injuries on his person. Six were contusions and two traumatic swellings. Three injuries were kept under observation and were found on X-ray examination to have fractures underneath. All the injuries were according to the medical report caused by blunt weapons.
(3.) ON 28-8-1970 a written report was again sent by Hari Ram to the Senior Superintendent of Police and on the same day a complaint was filed in court which has given rise to the present revision. Hari Ram besides himself examined four other eye witnesses. All the accused denied the complainant's version and claimed that they had been implicated due to enmity. There was also the defence evidence that Ishwar accused was in his field watching macca crop when a buffalo of Hari Ram entered the field and damaged the crop. On this Ishwar objected and there was exchange of hot words and Hari Ram gave a slap. When they reached the village a complaint was made by Ishwar and there was again a dispute. At this time Hari Ram and his party assaulted Ishwar with lathis and knife, and Ishwar and his brother assaulted Hari Ram with lathis. The result of it was that Ishwar suffered five injuries. The injuries of Ishwar were examined by Dr. B. C. Saxena on 22-8-70 and he found on his person two incised wounds measuring 1.5 x 3 cms. x skin deep and 1 cm. x 2 cm. x skin deep and 3 contusions. All the injuries were found to be simple. According to the medical evidence incised wounds were caused by sharp edged weapon and the rest by blunt weapon. In respect of the occurrence the accused filed a report the same day with the police. The police did not take action. The accused also then filed a complaint which was dismissed.;