KANTA BHATNAGAR, J. - (1.) THIS appeal is directed against the judgment dated 25th September, 1979 passed by the learned Sessions Judge, Banswara, by which appellants were held guilty and sentenced as under: 1. Khomchand 1. Under Section 147, IPC, 6 months R.I. and Fine of Rs 50/ -; 2. Under Section 148, IPC, 3 months R.I. and Pine of Rs. 50/ -; 3. Under Section 307, read with 149, 1 year's R.I. and Fine of Rs. 50/ -; 4. Under Section 323 read with 149, 1 month' R.I. and Fins of Rs. 50/ - 2. Bhanji 1. Under Section 147, IPC, 6 month's R.I. and Fine of Rs. 50/ -; 2. Under Section 307 r/w 149, IPC, 1 year RI and Fine of Rs. 50/ -; 3. Under Section 323 IPC, 1 month R.I. and Fine of Rs. 50/ -; 4. Under Section 324 r/w 149, IPC, 3 month's R.I and Fine of 50/ -. (3) Roops 1. Under Section 307. IPC, 2 year R.I. and fine of Rs. 50/ -; 2. Under Section 147, IPC, 6 months' R.I. and fine of Rs. 50/ -; 3. Under Section 148, IPC, 3 months' R.I. and fine of Rs. 50/ -; 4. Under Section 323 r/w 149, IPC, 1 month's R I. and fine of Rs. 50/ -; 5. Under Section 324 r/w 149, IPC, 3 month's R.I and fine of Rs. 50/ -; (4) Bheema 1. Under Section 147, IPC, 6 months' R.I. and fine of Rs. 50/ -; 2. Under Section 307 r/w 149, IPC, 1 year's R.I. and fine of Rs. 50/ -; 3. Under Section 323, IPC, 1 month's R.I. and fine of Rs. 50/ -; 4. Under Section 324 r/w 149, IPC, 3 month's R.I. and fine of Rs. 50/ -; (5) Magan 1. Under Section 147 IPC, 6 month's R.I. and fine of 50/ - 2. Under Section 307 r/w 149, IPC, 1 year R I. and fine of Rs. 50/ -; 3. Under Section 323, IPC, 1 month's R.I. and fine of Rs. 50/ -; 4. Under Section 324 r/w 149, IPC, 3 months' R.I. and fine of Rs. 50/ -.
(2.) BRIEFLY stated, the prosecution case giving rise to the trial of the appellants, their conviction and sentences and the present appeal are that on 18 -3 -1979 at about 9 p.m. when Valchand was sleeping in the house, the five appellants armed with lathies, Dhariya and Axe went outside his house and called him, when he came out with a torch, a lathi blow was given by Bhanji. Khomchand caused injury with Dhariya, Roopa, with an axe and Bhima with lathi. The allegation against appellant Magan is that he caught hold of Val Chand raised a cry which attracted the attention of his father Premji who was sleeping in a Chhapra nearby, about 50 to 100 parsons present at the place where Holi was burnt, reached the site. Veer Singh took Valchand to Police Station, Kushalgarh. Valchand lodged the report which was scribed by one constable. The injuries of Valchand were examined by Dr. Padamchand Jain (PW 6), Medical Officer, Government Hospital, Kushalgarh. The doctor noted following injuries on the person of Valchand; (i) Incised wound with bleeding 6 cms x 0.5 cm x 1 cm - -inter parietal region of scalp; (ii) Incised wound with bleeding 5.5 cm x 1 cm x 1 cm - -left partietal occipital region of scalp; (iii) Incised wound with bleeding 1.5 c.m. x 0.5 x 0.5 c.m. - -occipital region of scalp; (iv) Contrusion - -4 cm x 1.8 cm left forearm on upper 1/3 part; (v) Contrusion - -4 cm. x 2 cm left shoulder joint; (vi) Contrusion - -9 cms x 2.5 cm right scapular region; (vii) Abrasion - -3 cms. x 2 cm. right iliac crest. On 15 -3 -1979, Laxmilal, SHO, Police Station, Kushalgarh went to toe site in the afternoon and inspected the site. He prepared the site plan Ex. P 2. He recovered one Baniyan, suspected to have blood stained, produced by Valchand. Upon completion of necessary investigation chargesheet against the appellants was filed in the Court of Munsif Magistrate, Kushalgarh. The learned Magistrate committed the case to the court of Sessions Judge, Banswara. The learned Judge, chargesheeted the appellants and recorded the plea. All of the them denied the charges and claimed to be tried. To substantiate its case prosecution examined seven witnesses in all. In their statements Under Section 313, Cr.PC all the appellants denied the allegation levelled against them. No defence witness was examined. The learned Judge place relinace on the statements of Valchand (PW 1) and his father Premji (PW) 2 and passed the judgment Under Appeal.
(3.) I have heard Dr. R.K. Soni, learned Counsel for the appellants and Mrs. Kamlesh Joshi, learned Public Prosecutor for the State.;