A.C. Goyal, J. - (1.) These three appeals have been filed against the judgment dated 28.8.1995, passed by learned Sessions Judge, Jhunjhunu, in Sessions Case No. 80/90, State of Rajasthan v. Munshi Singh & Ors. , convicting and sentencing three accused-appellants-Munshi Singh, Madan Singh and Prabhu Singh, u/s. 302/34 IPC to suffer imprisonment for life and u/s. 325/34 to suffer six months rigorous imprisonment and a fine of Rs. 500/- each and in default to further undergone one month's rigorous imprisonment. These three accused-appellants have also been convicted u/s. 323/34 IPC, but no separate sentence has been awarded for the same. The remaining three accused persons Sohan Singh, Gulab Singh and Karan Singh have been acquitted for all the offences u/ss. 147, 302/149, 325/149, 323 & 323/149 IPC. In all six persons, were put to trial under various sections of IPC as under:- Munshi Singh : Under Secs. 148, 302/149, 325/149, 323 and in the alternative 323/149 IPC. Madan Singh : Under Section 147; 302/149, 325, 323, 323/149 IPC. Gulab Singh, Sohan Singh, Prabhu Singh, Karan Singh : Under Section 147, 302/149, 325/149, 323, 323/149 IPC.
(2.) Out of these six accused persons, three accused viz. Sohan Singh, Gulab Singh and Ka-ran Singh have been acquitted for all the offences while remaining three accused-appellants i.e. Munshi Singh, u/s. 148 IPC, Madan Singh and Prabhu Singh u/s. 147 IPC have been acquitted but u/s. 302/34, 325/34 & 323/34 IPC, they have been convicted and sentenced as stated above instead of Secs. 302/149, 325/149, 323 & 323/149 IPC.
(3.) The occurrence which was the subject-matter of the charges against all the six accused persons took place at about 4.00 p.m. on 23.6.1990, at village Pillod. Rameshwar Lal Sharma (since deceased) alongwith Rohitash PW-7, Radhey Shyam PW-3, Ramjilal PW-6, Satya Narain PW-5 lodged a written report Ex.P/1 at Police Station Surajgarh, district Jhunjhunu at about 7.30 p.m. on the same day with the averments that the informant was sitting in his house at about 4.00 p.m. At that time, three accused-Munshi S/o Kalu Singh, Madan Singh and Prabhu Singh both sons of Lachu Singh, having lathi and jelly in their hands carne there. An altercation took place between Ramji Lal P W-6 and these three accused persons and thereafter accused-Madan kicked Ramjilal. Rarnji Lal fell down and then all the three accused persons went away. Thereafter the informant Rameshwar Lal, alongwith Ramji Lal, Banwari Lal (PW-4), Satya Narain, Rohitash and Shyam Sunder went to the barrier. All the six accused persons came there. Accused-Madan Singh abused them and inflicted two or three lathi blows upon Rameshwar, accused-Prabhu Singh, Gulab Singh, Karan Singh, Munshi Singh and Sohan Singh also gave beating to them with lathies. Upon hearing hue and cry PW-1 Hanuman Singh alongwith two/four persons arrived there and intervened.;