KANTA BHATNAGAR,J. - (1.) THE appellants were tried by the Sessions Judge, Churu for the charges Under Sections 147, 302 read with 149, 325, 323 read with 149 I.P.C. vide judgment dated February 3, 1984, the learned Sessions Judge held them all guilty and convicted them Under Sections 147, 302 read with 149, 325 read with 149 and 323 I.P.C. and sentenced them of one years Rule I. Under Section 147 I.P.C. imprisonment for life and a fine of Rs.1000/ -, in default of payment of fine to undergo six months R.I. each under I Section 302 read with 149 I.P.C. there years R.I. and a fine of Rs. 500/ - in default of payment of fine to undergo three months Rule I. Under Section 325 read with 149 I.P.C. and six months Rule I. Under Section 323 I.P.C. with an order that all the substantive sentences shall run concurrently
(2.) FEELING aggrieved by their conviction and sentences the appellants have preferred this appeal in this court. Succinctly narrated the facts of the case giving rise to the trial and conviction of the appellants and the present appeal are that on August 24,1983 Kamli (P.W. 12) was sitting at her house at village Santyu along with her daughter Santosh (PW 13). Her son Ram Swroop @ Sarup Ram was taking food there at the time. Pooran Ram appellant inflicted a lathi blow to the street dog, at which Ram Swaroop asked him as to why had he given a beating to his tamed dog. Pooran Ram hurled abuses and went away. After his going from there Ram Swaroop went to call Sarpanch Mala Singh (PW 4). Kamli and Santosh also accompanied him. when Ram Swaroop reached near the house of Ladhu Ram appellants Bhagwana Ram, Pooran Ram, Mohan, Sugna Ram, Shishupal and Udmi Ram went there. Bhagwana Ram inflicted lathi blow on the head of Ram Swroop. Then Udmi Ram inflicted lathi blow On his head. Ram Swaroop fell down, then Pooran Ram inflicted blow on the left eye of Ram Swaroop. Thereafter all the appellants gave a beating to him. In order to rescue him Kamli and Santosh (PW s 12 and 13 respectively) fell on Ram Swaroop.Udmi Ram gave a beating to Kamli also on the two ladies raising a cry Change Ram(P.W. 1), Pooran Ram (P.W. 2) and Banwari Das (P. W.3) reached the site and rescued them. The assailants went away from there. Santosh called her brother Mohan from the 'bada' near the house Mohan called Sarpanch Mala Singh (P.W. 4) and reached the site where Ram Swaroop was lying unconscious. Mala Singh telephonically informed Police Station, Tara Nagar and asked the Constable to send the Jeep. After half an hour a Jeep came from Tara Nagar in which Mala Singh and Change Ram took the injured to Churu Hospital. All the three injured were admitted there. On receiving information from the Doctor, A.S.I. Sohan Lal of Police Station, Churu reached the hospital at 8.00 A.M. on August 25, 1983. He recorded the statement of Kamli and sent the statement to Police Station, Tara Nagar where at 9.00 A.M. case against the accused was registered Under Sections 147, 148, 149, 302, 325, 323/34 and 448 I.P.C. Dr. S. L. Soni (P.W. 10), Medical Jurist, Government Hospital.Churu examined the injuries of Ram Swaroop and noted following injuries on his person: 1. Extensive echhymosis of the upper of lower lids of left eye. 2. Extensive diffused swelling on the left temporal region. 3. Lacerated wound 3'x3'x bone deep on the left parietal region with diffused swelling all around it. 4. Lacerated wound 1'xV8'x bone deep on the left parietal region with diffused swelling all around it. 5. Multiple contusions of different shapes and sizes on the left shoulder with diffused swelling all over it. 6. Abrasion 1/4'x112' on the left clavicle. 7. Contusion 4' x 1' horizontally placed on the left thigh, autririorly. 8. Contusion 6' x 1' on the lateral aspect of left thigh. 9. Contusion 6' x 1' on the lateral aspect of right mid chest. 10. Contusion 4' x 1' on the right mid dorsal region. 11. Two abrasions each 1/4' x 1/2' on the right lower dorsal region.
(3.) ALL the injuries according to the Doctor were simple in nature and caused by blunt weapon within a twelve hours from the medical examination. The patient was semi conscious. The injury report is Ex.P/14;