KANTA BHATNAGAR, J. - (1.) THIS appeal is directed against the judgment passed by the learned Additional Sessions Judge, Jalore dated February 22, 1977 by which all the appellants were held guilty for the offences under sections 447 and 148 I. P. C. and sentenced to three months rigorous imprisonment on the first count, two years rigorous imprisonment on the second count. Appellant Dola was convicted for the offence u/s 326 I. P. C. and sentenced to three years rigorous imprisonment and a fine of Rs. 100/- in default to undergo one months rigorous imprisonment. He was also convicted for the offences under sections 325/149 and 323/149 I. P. C. and sentenced to one year rigorous imprisonment on the first count and six months rigorous imprisonment on the second count. All the appellants excepts Dola were held guilty for the offence under section 326/149 I. P. C. and sentenced to two and a half years R. I. and a fine of Rs. 100/-in default of payment of fine to undergo one months rigorous imprisonment. All the appellant except Dola were also convicted for the offences under section 325 and 323 I. P. C. , and sentenced to one years rigorous imprisonment each on the first count and on six months rigorous imprisonment on the second count.
(2.) BRIEFLY stated, the facts of the case leading to the trial of the appellants and the present appeal are as under. On February 1, 1976 in the afternoon Vala (P. W 1) along with his daugther Mst. Rambha (P. W. 2) was cutting barry hedge in their field. The appellants went outside the field and directed Vala to come out of the field, warning him of dire consequences if he did not comply. Dola was armed with an axe and the remaining appellants were having lathis with them. Apprehending quarrel, Vala did not come out. The appellants went away towards the way hurling abuses. Genesha (P. W. 7) brother Vala and Khima his father were coming in the way towards the field with the food for Vala and Mst. Rambha. When they reached near the field of Vada Oda, the appellants surrounded them. Dola in flicked axe blow on the head of Ganesha. Ganesha and Khima run away in the field. All the appellants chased them and gave lathi blows to Ganesha and Khima. On hearing the noise Vala and Mst. Rambha rushed to the site. Jeewa (PW 8) and Jhunjha (P. W. 3) also reached there and managed to rescue Ganesha and Khima. Mst. Rambha also sustained injuries in her effort to rescue her uncle and grandfather. Vala went to police Station. Sanchore and field the written report Ex. P. I. with the Head Constable Sardarkhan (PW9) Incharge of the Police Station at that time. Case under sections 307, 147, 148 and 149 of the Indian Penal Code was registered and First Information Report Ex. P. 2 was chalked. The Head Constable went to the site and found Ganesha, Khima and Mst. Rambha lying injured there. He found Ganesha unconscious, having a number of injuries on his head and bleading. He prepared the injuries reports of the victims and sent Mst. Rambha (PW 2), Ganesha (P. W. 7) and Khima to the Primary. Health Centre. Sanchore. He conducted the necessary investigation at the site. Dr. Nimbraj Tolaram Hirani (PW. 6) Medical Officer, Incharge Primary Health Centre, Sanchore examined Ganesha on the same day at 6. 00 p. m. and prepared the injury report, Ex. P. 6. The Doctor noted following injuries on his persons. 1. Lacerated wound with bleeding 4-1/2" x 1/2" x 1/2" on the left side skull parietal region 4-1/2" above left ear. 2. Lacerated wound with bleeding 3" x 1/2" x 1/2" on the scalp frontal region 2" away from injury no. 1. 3. Incised wound with bleeding with fracture of underlying bones 3" x 1/2" x 1/2" oblique on the scalp at centre involving both parietal bones. 4. Lacerated wound with clotted blood 3" x l/3" x l/4" on the right parietal region on the scalp 4" above right ear. 5. Lacerated wound with bleeding 1-1/2" x 1-1/2" skin deep on the scale mid-way between injury No. 3 and 4. 6. Swelling 2" x3" on the right forearm lower 1/3". 7. Swelling l-1/2"x l-1/4" on the left hand dorsum between index finger and thumb. 8. Abrasion 1/4" x 1/2" on the left leg upper part 2-1/4" below pattella. 9. Swelling 2"xl" on the left food dorsum adjacent to little toe. 10. Abrasion 1/4" x" 1/4" on the right leg lower part adjacent to medical malleolus. 11. Swelling 11" x 1/2" on the left foot on medical malleolus. 10.On the same Dr. Hirani (PW6) examined Khima and noted following injuries on his person. The injury report is Ex. P. 7. 1. Lacerated wound with fresh and clotted blood 3/4" x 1/3" x 1/2" on the right leg lower 1/3", 2-1/2" above lateral malleolus. 2. Contusion (red) 3-1/2" x 3/4" on the right side back lower part adjacent to right renal angle. 3. Contusion (red) 3-3/4" x 1/4" on the right side back 1-1/4" above injury No. 2. 4. Swelling 2-1/2" x 2-1/2," on the right forearm upper part posterior aspect 2-1/2" below point to elbow. 5. Abrasion 4" x 1/3" on the left fore-arm extending from upper part to the middle. 6. Contusion 3/4" x 1/5" on the right side back upper part 2-1/4" away from spine. 7. Contusion 1-1/4 " x 1/5" on the right side back upper part adjacent to spine. 5. The Doctor advised x-ray of injury No. 4 of right forearm for confirmation of fracture if any. Ali the injuries were caused by simple blunt weapon. Mst. Rambha was also examined by Dr. Hirani (PW6) on the same day and following injuries were noted on her person. Her injury report is Ex. P. 8. 1. Lacerated wound with clotted blood l/2"x 1-l/0"xl/30" approximately on the left hand index finger posterior aspect 1/2" away from nail. 2. Abrasion 1 /2" x2" on the left fore-arm upper part posterior aspect 3" below point of elbow. 3. Abrasion 1/10" x l/10" on the right hand dorsum adjacent to index finger. 4. Contusion (faint red) 2-1/2" x 1/3" on the right fore-arm extending from upper part to middle posterior aspect. All the injuries were caused by blunt weapon and were simple in nature. The injured were admitted in the hospital. According to the Doctor injury No. 3 of Rameshwar could be caused by sharp edged weapon like an axe. The duration of the injuries sustained by the above persons at the time of the examination, according to the Doctor was 3 to 5 hours.
(3.) THANA also lodged report of the incident at the same police station and case against the complainant party. Dr. Hirani had examined THANA, Dola and Kana on February 3, 1976 in the morning. Their injuries reports are Ex. P. 11, Ex. P. 12 and Ex. P. 13 respectively. The Doctor noted following injuries on the person of Thana: 1. Abrasion 1/2 " x 1/4" on right shoulder 1-1/2" away from shoulder joint. 2. Abrasion 1/2" x 1/10" on left hand dorsum mid-way between index and middle finger. 3. Swelling with tenderness-suspected fracture of first metacarpal bone (middle) 2-1/2 " x 2" on the left hand dorsum. All the injuries were simple in nature and caused by blunt weapon. ;