M.L. Shrimal, J. - (1.) THIS appeal is directed against the judgment dated November 29, 1973 of the Additional Sessions Judge, Gangapur City whereby he convicted accused Mandoo under Section 207 I.P.C., and sentenced him to undergo rigorous imprisonment for eight years. The said accused was also convicted under Section 148 I.P.C., and sentenced to undergo rigorous imprisonment for one year. Accused Harphqol, Topha, Ramphool, Suwa. Kalyan, Chhotya, and Ramjilal were convicted under Section 307 read with Section 149 I.P.C., and sentenced to undergo rigorous imprisonment for a period of eight years.
(2.) THE afore mentioned seven accused were also convicted under Section 147 I.P.C. and each of them was sentenced to undergo rigorous imprisonment for one year. In addition to that they were convicted under Section 323 I.P.C., and each of them was sentenced to undergo three months' rigorous imprisonment. All the sentences were ordered to run concurrently. Hence the convicted have tome up in appeal before this Court. The prosecution case in nut she is that accused Mandoo, Harphool, Topha, Gujar approached Onkariya P.W. 2 and declared their intention to fix a 'Charkhi' for squeezing sugar cane in front of his house, where -upon Oakariya told then not to do so. On October 12, 1972 all the eight accused appell his fromed an unlawful assembly, armed themselves with lathis and 'Gandasi' with the common object to use force to use force to the extent of causing death in case they were thwarted from fixing the 'Charkhi' in front of Onkariya's house. They brought the 'Charkhi' in their bullock cart and dropped it before the house of Onkariya. Onkariya protested against the fixing of the 'Charkhi'. He requested them not to fix it in front of his house, but the accused could not be desisted. Mandoo gave 'gandasi' blow on the left side of the head of Onkaruya and other persons Inflicted lathi blows on various parts of the body of Onkariya, Gansya and Giri Raj. P.W. 4 Harji and P.W. 5 Manbhawan appeared on the scene of occurrence to rescue the injured. After causing the injuries all the accused ran away together with the bullock cart. A first information report of the occurrence was given at 2 p.m. at the police station, Gadmora, which is situated at a distance of one mile. Site plan was prepared on the same day. Accused Mandoo was arrested on January 5, 1973. Accused expressed his desire to get the weapon of offence discovered Information Ex. P. 8 was recorded. In consequence of information Article 2 'Kulhadi' was recovered vide Ex. P. 9. Injured Onkariya was examined by Dr. Surajmal Gupta (P.W. 10), and he found the following injuries on his person: 1. Vertical injuries wound 1 1/2" Ã - 1/2" into depth into bone on left side of the head in front from head line upwards. 2. Ecchymosis on left eye 2" Ã - 1". 3. Contusion 3" Ã - 1" pack of right side of chest.
(3.) CONTUSION 2" Ã - 1 ' on right loin on back. The face was paralysed on right side. Pulse 100 per minute. Temperature 97. B.P. 115/75. The patient was unconscious and was unable to give statement. On the same day Dr. Suraj Mal Gupta (P.W. 10) also examined Ghisiya (P.W. 3) and he found the following injuries on his person: 1. Swelling 3" Ã - 2" on back of she left hand near thumb and index finger. 2. Abrasion 1/2" Ã - 1/4" on lower part and outer side of right lore -arm. 3. Contused wound 1/2" Ã - 1/4" Ã - 1/3" on front of the head in mid line two inches above the hair line. Dr. M.N. Saxena (P.W. 9) prepared the X -Ray report Ex. P. 19 regarding the injury No. 1 on the person of Onkariya injured. After investigation the police submitted a challan against all the accused persons in the Court of Additional Munsiff -Magistrate, Gangapur City. 4. The learned Magistrate after complying with the provisions of Section 207A Cr.P.C. committed all the accused to take their trial in the Court of Additional Sessions Judge, Gangapur City. All the accused pleaded not guilty to the charge. The prosecution examined ten witnesses in support of its case out of which P.W. 1 Kishna, P.W. 4 Harji and P.W. 5 Manbhawan are the eye witnesses. The accused except Mandoo on their statements under Section 342 Cr.P.C. denied the prosecution allegations regarding their participation in the assault of Onkariya and Ghisiya. Accused Mandoo Admitted his presence on the scene of occurrence and pleaded that he had taken the land from Tundiya and Laxman in exchange of two Bghas of land and had constructed a 'Patore' three years back. He wanted to fix 'Charkni' near the 'Patore' and for the purpose he was digging the hole. At that stage Onkariya, Kishan, Ghasi, Man Bhawan, Harji came and obstructed him from fixing the 'Charkhi' and gave him a beating. He did not cause any injury to them. Accused did not examine any witness in defence. Topha D.W. 1 appeared under Section 342A Cr.P.C. and produced notices Ex. D. 9 and receipt of the payment of penalty Ex. D. 10. The injury report of the accused Mandoo was also taken on the record and marked Ex. D. 11.;