B.R. Arora, J. - (1.) THIS appeal is directed against the judgment dated November 15,1979, passed by the Sessions Judge, Merta by which the learned Sessions Judge convicted the appellant Bhanwar Lal Under Section 324, I.P.C. and sentence him to undergo two years' rigorous imprisonment. He, also, convicted accused -appellants Sunder Lal and Shera Ram for offences Under Section 307, I.P.C. and sentenced each of them to five years' rigorous imprisonment.
(2.) THE accused were tried by the learned Sessions Judge, Merta, for offences Under Sections 307, 307/34, 323 and 324/34, I.P.C. The case of the prosecution, in nut -shell, is that there was an old enmity between the accused with Rafiq and Masid Khan. On September 13,1977, at about 12.30 in the noon when the complainants Rafiq Khan and Masid Khan were going towards the Police Station to lodge a report Under Section 107 Cr. P.C, in the way, near public -park, the three accused persons surrounded them. At that time Shera Ram was armed with a sword, Sunder Lal was armed with Gupti and Bhanwer Lal was armed with Katar. These three accused persons started beating Rafiq Khan and Masid Khan. The place of the incident was near the Office of the Superintendent of Police and, therefore, on hearing the alarm, the police personnel, viz., Ghisu Singh A.S.I., Liyakat Khan A.S.I., Kaliyan Singh, Kishore Singh, Ibrahim and others came on the scene of the occurrence, saw the incident and snatched the weapons of offence from the accused persons. They saved Masid Khan and Rafiq Khan and caught -hold the accused -appellants. The prosecution, in support of its case, examined twelve witnesses. PW 11 Rafiq Khan and PW 12 Masid Khan, are the injured witnesses and PW 5 Ishwar Singh, PW6 Liyakat Ali, PW 7 Kaliyan Singh, PW 8 Ghisu Singh and PW 10 Ibrahim Khan are the police personnel and are the eye witnesses of the occurrence. PW 1 Bhagirath and PW 4 Ramu are the two Motbir witnesses. PW 2 Dr. R.L. Baid is the Radiologist, who, after examining the injured, gave the opinion that there was no fracture of any bone. PW 3 Dr D.R. Choudhary examined Masid Khan and Rafiq Khan and found six injuries on the person of Masid Khan and 27 injuries on the person of Rafiq Khan, but none of these injuries were found to be grievous. PW 9 Harendra Singh was the Station House Officer, who investigated the case and presented the challan after necessary investigation. This is all the evidence produced by the prosecution. The learned Sessions Judge, Merta, after trial, came to the conclusion that if is a case of free -fight between that parties and accused Bhanwar Lal did not inflict injury on the person of Rafiq Khan, who received 27 injuries and out of these 27 injuries, some injuries were on the head. He, therefore, convicted accused Bhanwar Lal Under Section 3241.P.C., but convicted accused Shera Ram and Sunder Lal Under Section 307/34 I.P.C. for inflicting injuries on the person of the complainant Rafiq Khan. I have perused the judgment passed by the learned Sessions Judge, as well as the record of the case.
(3.) THE prosecution, in support of its case, examined 7 eye witnesses and out of whom, two are injured persons. I have gone through the statement of all these witnesses and the evidence given by these witnesses is consistent so far as the part played by these accused persons is concerned. A lengthy cross -examination has been conducted but nothing could be elicited from that cross -examination and after going through the statements of these witnesses, I am of the opinion that these witnesses are truthful witnesses and the learned lower Court has not committed any illegality in placing reliance on the statements of these witnesses.;