- (1.) This appeal by Jhabboo, Rameshwar son of Raghoo, Rameshwar son of Jhabboo, and Bhagwan Dass, accused, is directed against their conviction under Section 324/34, I.P.C. and sentence to undergo Rigorous Imprisonment for two years each, passed by Sri. Krishna Kumar, VIII Additional Sessions Judge, Shahjahanpur, vide his judgment dated 17.11.1979.
(2.) Brief facts giving rise to the present appeal are as under: On 8.7.1977 at about 6.00 a.m. all the accused in furtherance of their common intention caused hurt to Onkar Singh, son of Gori Lal, P.W. Jhabboo and Rameshwar son of Raghoo, accused, were armed with spears, while Rameshwar son of Jhabboo and Bhagwan Dass, accused, were armed with lathis. The motive for the occurrence is said to be that a day before the present occurrence there was an altercation between the p ies over the turn of water in the field. On the day of occurrence, in the morning time, Onkar Singh, P.W. had gone to the house of Balwant in order to borrow his plough. While he was with Balwant. all the accused, armed with their respective weapons, came there and surrounded Onkar Singh, P.W. Jhabboo and Rameshwar son of Raghoo, accused, gave him spear blows, while Rameshwar son of Jhabboo and Bhagwan Das, accused, gave him lathi blows. Thereafter, the accused ran away with their respective weapons.
(3.) A case under Section 307, I.P.C. was registered against the accused on the report of Onkar Singh, P.W. The injured was medically examined and also X-Rayed. The Medical Officer found as many as 10 injuries on his person including six injuries caused by pointed weapon and four injuries by blunt weapon. All the injuries were, however, simple.;