GUMAN MAL LODHA,J. - (1.) SHANKER Singh and Charan Singh, the appellants have filed this appeal against the judgment of the trial court whereby they have been convicted and sentenced as under: Shanker Singh under Section 325, IPC 8 months' R.I. with a fine of Rs.50/ - in default, 1 month's RI; Charan Singh under Section 326, IPC 1 year' R.I. with a fine of Rs. 50/ - in default, 1 month's R.I.
(2.) A complaint (Ex.P 2) was filed by Chakar Singh before the Munsif Magistrate, Kishangarh Bas on 23 -8 -69 alleging therein that on 24 -7 -69 he alongwith his son Indersingh was ploughing his field at about 7 in the morning. The appellants Shanker Singh his son Pritam Singh, his son -in -law Charansingh and his wife Mst. Gango Bai came to their field to over turn the same. Upon objecting to it, Shankersingh gave a hunter blow on the face of Chakar Singh. Charan Singh aimed a sword blow on the neck of Charan Singh which was warded off by him by his hand as a result of which his left little finger's phalanx was cut. Mst. Gango Bai gave a lathi blow on his neck. It was further alleged that on 25 -7 -69 the complainant came to his senses and he was arrested by the police when he went to make a report of the aforesaid incident. When he was released on bail after 16 to 17 days he again tried to make a report to the police station but no body cared to take his report with the result that he filed the complaint before the Munsif Magistrate.
(3.) THE Munsif Magistrate took cognizance of the offence and registered a case against Shanker Singh, Pritam Singh, Jagar Singh Charan Singh under Section 307, 326, 324 read with Section 34, IPC. The accused were committed to the court of Sessions Judge Alwar, and were ultimately tried by the Additional Sessions Judge No. 1, Alwar Pritam Singh was tried for the offence under Section 307, IPC, Charan Singh, under Section 307 and 326 IPC and Shanker Singh under Sections 325 and 323 IPC.;