- (1.) Vide this judgment, abovementioned criminal revision petition and criminal appeal would be disposed of, as they have arisen out of common judgment/order dated 08. 12. 1988 passed by the Court of Additional Sessions Judge No. 1, Alwar (hereinafter referred to as 'the Trial Court').
(2.) Prosecution story, in brief, is that on 25. 03. 1986 at about 6. 00 P. M. , complainant Prasad and Ram Charan were present in the open area of the house of Ram Charan. Ram Dayal and Damo were also present there. In the meantime, wife of Babu Lal started abusing wives of the complainant and Ram Charan. Complainant enquired from the wife of Babu Lal as to why she was abusing the ladies. Then, Babu Lal, Ram Singh, Birju, Thakur Lal, Prabhat, Ram Swaroop, Dau Dayal, Ram Dayal, Har Dayal and Prakash armed with sticks and farsis came there and entered the open area of the house of Ram Charan. Babu Lal and Ram Singh raised lalkara that the complainant party should be killed. Thakur Lal gave a farsi blow on the head of the complainant from the sharp side and gave another farsi blow on his feet. Babu Lal and Ram Singh gave stick blows to complainant Prasad on different parts of his body. Dau Dayal, Birju and Ram Dayal gave farsi blows from sharp side on the head of Ram Charan. As a result, Ram Charan fell down and thereafter, he was inflicted injuries with sticks. Damo and Ram Dayal also inflicted injuries with sticks. Ramesh, Jashoda and Ramdei came to rescue Ram Charan and they were also inflicted injuries by the accused.
(3.) After completion of investigation and necessary formalities, challan was presented against Babu Lal, Ram Singh, Prakash, Har Dayal, Dau Dayal, Ram Dayal, Birju and Thakur Lal. Charges were framed against the accused-appellants under Sections 147 / 148 , 302 / 149 , 323 / 149 and 448 of Indian Penal Code, 1860 (hereinafter referred to as ' IPC '). Accused-appellants did not plead guilty to the charges framed against them and claimed trial. In order to prove its case, prosecution examined 14 witnesses. Accused-appellants were examined under Section 313 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr. P. C . ) and prayed that they were innocent and had been falsely involved in the case. Accused Dau Dayal appeared in the witness box as D. W. 1.;