Sunil Kumar Garg, J. - (1.) This appeal has been filed by the accused appellants against the judgment and order dated 6-6-1995 passed by learned Additional Sessions Judge, Bali in, Sessions Case No. 46/93 by which he convicted the accused appellants Rupa Ram and Bhuria for offence under Section 326 I.P.C. and convicted accused appellant Prabhura for offence under Section 323 I.P.C., but instead of sentencing them the learned Additional Sessions Judge released them on probation under the provisions of Section 4 of the Probation of Offenders Act. 1958 and further directed that the accused appellant Rupa Ram would pay Rs. 5.000/- as compensation to injured P.W. 3 Poma Ram and accused appellant Bhuria would pay Rs. 3.000/- to injured Mana Ram P.W. 11 and accused appellant Prabhura would pay Rs. 500/- to Poma Ram P.W. 3. Rs. 500/- to Mana Ram P.W. 11 and Rs. 500/- to Goma Ram P.W. 9. The learned Additional Sessions. Judge by the same judgment acquitted rest of the accused namely, Mst. Hanja, Mst. Singari, Mst. Nenu, Mst Kalu, Babura, Fusaram and Vaga Ram from all the charges framed against them.
(2.) It arises in the following circumstances: (i) On 24-8-93 at about 8.45 p.m., P.W. 11 Mana Ram gave statement Ex. P/30 to P.W. 23 Rewat Singh orally stating that at about 8-00 a.m. in the morning, his son Sarna Ram P.W. 8 and accused appellant Rupa Ram quarreled near the bus stand. Thereafter at about 7 p.m. when P .W. 11 Mana Ram along with his brother P.W. 3 Porn a Ram and his wife Dakhu P.W. 15 were sitting in their house, accused Rupa Ram came and started beating his son Sarna Ram P.W. 8 and upon this, he P.W. 3 Poma Ram and P.W. 15 Dakhu, P. W. 9 Goma Ram and P.W. 25 Mana Ram intervened in the matter, then accused appellant Rupa Ram, Prabhura and Bhuria and other accused persons assembled there having lathis in their hands and started beating, as a result of which P.W. 11 Mana Ram received a fracture on his right hand at the hands of accused appellant Bhuria and P.W. 3 Porn a Ram was beaten by accused appellant Rupa Ram on his head with lathi and P.W. 8 Sarna Ram P.W. 25 Mana Ram and P.W. 15 Smt. Dakhu also received injuries. (ii) On this report, the police chalked out FIR Ex. P/31 and started investigation. (iii) During investigation, the injured persons were examined by Dr. P.W. 5 Dr. S.P. Purohit and they received the following injuries: P.W. 11 Mana Ram His injury report is Ex. P /6 and same has been proved by P.W. 5 Dr. S.P. Purohit. P.W. 11 Mana Ram received two injuries. He also received a fracture in right humerous bone and this injury No.1 was found to be grievous and X-ray report Ex. P/i has been proved by P.W. 1 Dr. G.N. Purohit. P.W. 3 Poma Ram Injury report of P.W. 3 Poma Ram is Ex. P /7 and same has been proved by Doctor P.W. 5 Dr. S.P. Purohit and he received three injuries. The injury NO.1 on the head was found to be grievous one and his X-ray report is Ex. P /38 and same has been proved by P.W. 26 Dr. S.P. Sharma. P.W. 25 Mana Ram Sb Manaji The injury report of P.W. 25 Mana Kam is Ex. P /8 and the same has been proved by Dr. P.W. 5 Dr. S.P. Purohit as per which he received one simple injury by blunt object. P.W. 8 Sam a Ram The injury report of P.W. 8 Sama Ram is Ex. P /9 and the same has been proved by Dr. P.W. 5 Dr. S.P. Purohit as per which he received one simple injury. P.W. 9 Goma Ram The injury report of P.W. 9 Goma Ram is Ex. P /10 which has been proved by P.W. 5 Dr. S.P. Purohit as per which she received 2 simple injuries. P.W. 15 Smt. Dakhu The injury report of P.W. 15 Smt. Dakhu is Ex. Pill which has been proved by P.W. 5 Dr. S.P. Purohit and as per which he received one simple injury. (iv) After usual investigation a challan was submitted against the accused appellants and other accused persons for offence under Sections 148, 307, 326, and 323 read with Section 149 I.P.C. in the Court of Magistrate from where, the case was transferred to the Additional Sessions Judge. Bali where charges were framed against the accused appellants and other accused on 18-11-1993 for offences under Sections 148, 307, 325, 323 and 149 I.P.C. The accused denied the charges and claimed trial.
(3.) During trial, 28 witnesses have been produced by the prosecution and thereafter statements of accused under Section 313 Cr. P. C. were recorded and no evidence was led in defence by the accused persons.;