D.M.DHARMADHIKARI, J. - (1.)The appellants have been convicted for the offences under Sections 302 read with Section 149, 325 read with Sections 149 and Section 148 of the Indian Penal Code. For the offence under Section 302 r/w Section 149, I.P.C. they all have been sentenced to life imprisonment and for other offences they have been sentenced to three years rigorous imprisonment by the judgement dated 29-12-1987 of the Court of Additional Sessions Judge, Shivpuri. The appellants have assailed their convictions in this appeal.
(2.)The prosecution case as per the version in the First Information Report, Ex. PW. 1, and the oral testimony of the witnesses, P.W. I to P.W. 4, it is as under :-
Cattle of accused Thakurdas had strayed into the field of Roshansingh, P.W. 1 and damaged the standing wheat crop. Roshansingh, therefore went to the house of accused Thakurdas on 13-1-1986, t 6.00 in the evening to raise the protest and to warn him that in future if cattle damages the crop he would send them to cattle-pound. At the house of Thakurd-as there were hot exchanges between the complainant and the accused parties. It is alleged that in the course of quarrel accused Managalsingh came out from the house and caught hold of Roshan Singh. Thereupon, Bhagwan Singh, P.W. 2, Sobatsingh P.W. 3, Pitaram (the deceased) and Sirkunwar P.W. 4, all relations of Roshansingh, came for his help. Thereafter, the accused Thakurdas, Parashram and Bhagwat came with Luhangis Mangalsingh with Pharsa and accused Jagdish and Kalyansingh with lathis to intervene in the quarrel and assaulted the members of the complainant party causing them several injuries. According to the prosecution version Mangalsingh gave a Pharsa blow to Pitaram as also to Bhagwansingh. The incident was reported to police-station Karera on the same day on 13-1-1986, 9.30 in the night. It is admitted that a counter report was also lodged by the accused party and a criminal case was registered against the complainant party, whereupon a criminal case is also pending trial against them. The members of the complainant party who were injured in the incident were medically examined and the injuries reports are Ex. P-26 to Ex. P-31. Deceased Pitaram was medically examined on 13-1-1986, when he was alive and following injuries were found on his person :-

(1) A lacerated wound over frontal region of scalp in center 2" above forehead horizontal 3/4" x 1/3" skin deep.

(2) A lacerated wound 1" above injury No. 1 horizontal 3/4" x 1/5" x skin deep.

(3) Lacerated wound 3/4" above injury No. 2 and parallelly situated 1" x 1/5" x skin deep.

(4) Contusion over right forearm below elbow 2" x 1".

(5) Contusion over left forearm below elbow 3" x 1".

He was medically examined in the hospital at Karera and the doctor who treated him then referred him to District Hospital Shivpuri. At Shivpuri as indoor patient he died on 20-1-1986. The postmortem report is Ex. P-36 and the cause of death is stated to be - "After conducting P. M. on the above body, (paper torn) opinion he died due to injury to vital part (Brain) causing fracture of frontal bone and 7th cervical vertebrae, extra dural hemorrhage and death."

(3.)A letter was sent by the Investigating Officer to Dr. R. S. Dixit, P.W. 12, who had medically examined Pitaram to specifically state whether the injuries mentioned above found on the person of Pitaram could have been caused by a sharp edged weapon. By letter, Ex. P-31, the doctor informed that injuries Nos. 1, 2 and 3 found on the person of Pitaram would have been caused by Luhangi, or any hard and blunt object and not by any sharp edged weapon. The same was the report with regard to injuries caused to Smt. Sirkunwar and Bhagwansingh. It is not necessary to give full details of the injuries caused to other members of the complainant party and it is enough to state that as per Injury Report, Ex. P-26 about Smt. Sirkunwar, Ex. P-27 about Roshansingh, Ex. P-28 about Bhagwansingh and Ex. P-29, about Sohbatsingh they all received injuries which were lacerated, contusions and abrasions.