K.N.Shukla, J. - (1.)Appellants have been convicted under sections 147, 148 and 324 read with section 149 Indian Penal Code. They have been sentenced to various terms of imprisonment, maximum being six months rigorous imprisonment under section 324 Indian Penal Code with a direction that sentences shall run concurrently. They have been fined Rs. 50/-each also.
(2.)On 10.3.1982 at about 9 p.m. appellants and one Kallu (who has been given the-benefit of section 360 Criminal Procedure Code and released on probation) armed with various weapons attacked complainants Lalsingh and Ramkishao. Latsingh received two Injuries, one stab wound on the chest and another incised would on the palm. - Ramkishan also received two injuries one stab wound and another incised wound, both on his hands. Injury to Lalsingh was inflicted by accused Kallu (who has not appealed against his conviction) while injury on the person of Ramkishan was inflicted by appellant Jairam.
(3.)According to Lalsingh appellants inflicted lathi blows also on him, but there was no injury on his person inflicted with lathi. However, there is material to show that all the appellants had come together and had committed the offence of robbing while they were armed with deadly weapons. Their conviction under sections 147 and 148 Indian Penal Code is confirmed. Their conviction under section 324/149 is not justified and be same is set aside.