KANSINGH, J. - (1.) BY his judgment dated 13.8.70 the learned Sessions Judge, Alwar convicted each of the five appellants for offences under Section 307 read with Section 149, 147 and 148 Indian Penal Code. For the first each of them was awarded four years rigorous imprisonment and a fine of Rs. 100/ -, in default one month's rigorous imprisonment, Three of the appellants namely, Kamal Khan, Chaosingh and Rahim Khan were convicted under Section 147 Indian Penal Code and awarded six months rigorous imprisonment each. The remaining two namely, Leela and Ghutmal were convicted under Section 148 Indian Penal Code and sentenced to one year's rigorous imprisonment each. The sentences were ordered to run concurrently.
(2.) MANGTU Ram (P.W. 1) was the sarpanch of Bhainsdavat and the appellants also rersided in that village. Appellant Ghutmal was fined by Mangtu Ram for hot removing rubbish dropped by him on the Panchayat land. A recurring penalty was also imposed at the rare of Re. 1/ - per day. Kamal Khan was his son. There were 'criminal cases between Ghutmal and Kamal Khan, on the one hand, and Mangtu Ram, on the other, from before the date of the present incident. On 25.1.69, Mangtu Ram (P.W. 1) was going to a nearby village Bhajedi in the company of his brother Panchu Ram for attending a 'Fatiah' at the house of one Chhitar Meo There was a dinner there in connection With the 'Fatiah'. When the two brothers came near an 'Inam'l and belonging to sweeper's the five appellants who were hiding themselves attacked Mangtu Ram uttering 'kill Sarpanch'. Leela was armed with a sword and Ghutmal had a 'Farsi' while the remaining had lathis. Leela gave a sword blow on Mangtu Ram's leg and Ghutmal hit Mangtu Ram on his head with his 'Farsi', the remaining three gave lathi blows on Various parts of the person of Mangtu Ram including his head. Panchu Ram raised an alarm. This attracted P.W. 4 Ganga Singh. P.W. 5 Fauja Singh and one Motilal to the scene of the incident. They challenged the assailants who then fled away. Panchu Ram then went to village Bhajedi and brought a bullock cart. Mangtu Pam was then taken in the bullock cart to Govindgarh. The first information of the incident was lodged at police station Govindgarh The first information report was scribed to the police station by P.W. 3 Shivlal. Mangtu Ram was first brought to the first aid post, but the doctor was not there. He was then taken to Alwar where he was admitted and treated. Mangtu Ram's injuries were examined by P.W. 6 Dr. M.L. Bhargava. The doctor found the following injuries. (1) Incised wound 2 1/2 Cm x 1/2 Cm x muscle deep on the left side of the scalp, vertically 11 Cms above the left ear near middle line. (2) Lacerated wound 3 Cm x 1/2 Cm. X skin deep on the mid of the scalp 1 Cm anterior to injury No. 1 obliquely near middle line. (3) Lacerated wound 4 Cm x 1/2 Cm x skin deep vertically on the anterior part of the scalp on the left part 2 1/2 Cm anterior to injury No. 2 in the direction near middle line. (4) Lacerated wound 1 Cm x skin deep on the left aside of the scalp 9 Cm above the left ear. (5) Incised wound 6 Cm x 4 Cm x bone deep on the anterio lateral and lower one third part of the left leg. The underlying bones were found fractured. (6) Swelling 6 Cm on the dorsum of the right hand ulna side. (7) Lacerated wound 3 Cm x skin deep on the anterior and middle part of the right leg. (8) Abrasion 1 1/2 Cm in diameter on the mid of the right leg 2 Cm medial to injury No. 7. According to Dr. Bhargava, injuries Nos. 1 and 5 were caused by sharp weapons and the remaining injuries were by blunt weapons. Injuries Nos. 5 and 6 were found to be grievous and the remaining injuries were simple. After the necessary investigations the police put up a challan against all the five appellants in the court of the Munsif Magistrate, Lachmangarh, who committed them for trial in the court of Sessions on charges under Sections 307 and 326 read with 149 and 148 Indian Penal Code. The prosecution case rested on the direct evidence of P.W. 1 Mangtu Ram, P.W. 2 Panchu Ram, P.W. 4 Ganga Singh and P.W. Fauja Singh.
(3.) THE accused pleaded alibi. The accused examined 9 witnesses. They were about the alibi of the accused. Two of them D.W. 5 Lallu Ram and D.W. 6 Chahat stated that they were returning after attending the dinner at village Bhajedi. According to Lalluram, appellant Ghutmal was at village Bhajedi when they started for their own village. They came across Mangtu Ram who was lying injured and was bleeding on the road side. On being accosted Mangtu Ram told them that two or three persons who had covered faces had beaten him. According to these witnesses Panchu Ram had brought, a cart and then took Mangtu Ram to the police.;