S.K.AWASTHI, J. - (1.)The appellants have preferred this criminal appeal under section 374 of Cr.P.C against the judgment dated 11/07/1998 passed by Additional Session Judge, Manawar, District- Dhar in Session Trial no. 83/1997, whereby the appelalnts have been convicted for the offence punishable under sections 304(II) and 323 / 34 of the IPC and sentenced to undergo 3 years R.I and to pay fine of Rs.500/- and Rs.200/-respectively with usual default stipulation.
(2.)Brief facts of the case are that on 01/01/1997, at about 3:00 p.m. Co-accused persons- Chhitu, Ambaram, Bheru and Limji came infront of the house of the complaint-Madiya and hurled filthy languages, when complainant protested them, then accused-Ambaram caused piercing injuries by arrow on the thumb of his right hand and left hand wrist of Sardar, the brother of Madiya. When Khadag Singh came there to rescue them then accused-Chhitu and Bheru have caused injuries to Khadak Singh, Munni Bai and Haku Bai by pelting stones, due to which they received injuries on their legs and head. Accused-Limji gave a blow from the blunt side of the axe on the head of Dhan Singh . Thereafter, all the accused persons fled away from the spot after threatening them.
(3.)The matter was reported to the Police-Station-Gandhwani, District-Dhar and FIR bearing Crime No. 1/1997 for the offence under Sections 324 , 294 and 506 / 34 of the IPC was registered against the appellants. Injured persons were sent to the hospital for examination of their injuries and treatment. During the course of treatment injured-Dhan Singh died on 06/01/1997. After receiving the information of death of injured-Dhan Singh, Police prepared a Lash Panchanama and his dead body was sent for post mortem. Police also added offence under Sections 302 / 34 and 323 of the IPC against the accused persons.