S.D.Khare, J. - (1.)THIS is an appeal by Bhagwan Din and nine others, all of whom have been convicted for the offence of rioting and making attempts to commit the murders of Murlidhar and Phakkar (P. Ws. 1 and 2) by causing gunshot injuries to them. It first came up for hearing before a learned single Judge of this Court, who referred it to a larger Bench, Connected with it is Criminal Revision No. 1780 of 1966 filed by four of the appellants and their sureties.
(2.)THE occurrence is of 26th February, 1963. and it took place in the village of Bisra within police circle Bisra, district Banda. Phakkar (P W 2) had, at about 6 a.m. gone towards Banha Talab to ease himself and Murlidhar (P. W. 1) had also gone that very side to bring green fodder for his cattle. After Phakkar had eased himself and had proceeded in the company of Murlidhar towards Sarju Dube's field the ten appellants, out of whom Ram Kumar was armed with a pistol, Shivball and Ham Kishun were armed with guns and the remaining seven appellants with lathis, rushed out from their hiding place. Phakkar tried to run away from there. Bhagwan Din (appellant) exhorted others by saying "maro" which could either mean "cause injuries" or "kill". The accused persons, who were holding lathis, did not go near Phakkar and Murlidhar who were at a distance of only about 18 or 19 paces from them. However, all the three accused persons, who had firearms with them, fired their weapons. Shivbali and Bam Kishun caused injuries to Phakkar, while Ram Kumar, who was armed with a pistol, was responsible for the injuries which Murlidhar suffered. Both the injured raised an alarm which attracted the attention of other villagers who had gone that side to ease themselves and upon their arrival all the assailants made good their escape.
The first information report of the occurrence was lodged by Murlidhar (injured) on the same day at 7 a.m. at police station Bisra which is at a distance of four furlongs from the place of occurrence. The motive for the crime, the occurrence as it had taken place and the names of the witnesses were mentioned in it. Both the injured were sent for their medical examination. They were examined by Dr. M. P. Lal (P. W. 11) on the same day at 3 p.m. and the doctor found the following injuries on the two injured persons as a result of his examination:

PHAKKAR 1. Several pellet injuries of the size 1/5" x 1/5" skin deep on the back side of the left thigh in an area of 8" x 5". 2. Several pellet injuries of the size 1/6" x 1/5" skin deep on the back of the right thigh in an area of 9" x 4 1/2" MURLIDHAR 1. Several pellet injuries of the size 1/6" x 1/6" skin deep on the back of the right thigh in an area of 12" x 6". 2. Several pellet injuries of the size 1/6" x 1/6" skin deep on the back of the left thigh in an area of 5" x 3"

(3.)IN the opinion of the doctor all the injuries were simple and appeared to be about nine hours old at the time of the examination. They could have been caused with a firearm such as a pistol or gun. The doctor was further of the opinion that the firearm must have been fired from a distance of about 12 feet or more Since there was some difference in the dimensions of the injuries caused to each of the injured persons the doctor was of the opinion that all the four injuries, two to each of the injured persons, could not be the result of one shot from a firearm. The doctor could not be definite whether the injuries received by Phakkar on the back of his two thighs were by a shot from one firearm or by two shots from two firearms The doctor was able to extract two pellets from the back, of the left thigh of Phakkar and also two pellets from the injuries of Murlidhar The doctor was also of the opinion that both the injuries of Murlidhar could have been caused with one shot from one firearm and similarly both the injuries of Phakkar could also be caused by one shot from one firearm.