N.L. Tibrewal, J. - (1.) Initially 8 persons were put on trial before the learned Additional Sessions Judge, Hindaun City, in Sessions Case No. 51/93 and learned Judge, after completion of trial, convicted the appellant Siya Ram under Section 302 IPC and the appellants Hari Ram and Ramraj U/ss. 302 with Sec. 34 IPC. All of them were sentenced to suffer Imprisonment for life and to pay a fine of Rs. 500/- each. In default of payment of fine, to suffer rigorous imprisonment for three months. The appellant Samay Singh was convicted and sentenced U/s. 323 IPC to six months rigorous imprisonment. The rest of the accused persons have been acquitted of all the charges, vide judgment dated, August 23, 1994. This joint appeal is directed against the aforesaid judgment and order.
(2.) The facts of the case need not be detailed out extensively as the learned counsel for the appellants restricted his contentions about the nature of the offence committed by the appellants and the sentence to be awarded to them.
(3.) In order to appreciate the arguments, the necessary facts in brief may be stated thus: The members of the complainant party and the accused persons were having their agricultural lands at short distances. The incident had taken place at about 4 p.m. on April 8, 1993 on a petty dispute, which flared up when some goats belonging to the appellant Siya Ram started grazing grams which were lying stored on a threshing floor belonging to the complainant. Members of the complainant party were in their fields at a short distance while the accused persons and their women folk are stated to be in their field at a short distance. One boy, namely Amar Singh aged 10-12 years was looking after the grams and it is alleged that the appellants gave him beating with slaps and fists when he drove away the goats belonging to the appellant Siya Ram. It is further alleged that the members of both the parties assembled there including women folk and there was some altercation and in that altercation, accusation against the appellant-Siya Ram is that he inflicted one 'jelly' blow on the head of the deceased Hargyan. Against the appellants-Hari Ram and Ramraj, the accusation was that each one of them inflicted a simple injury with lathi to the deceased Hargyan. Against the appellant-Samay Singh the allegation was that he caused simple injury to the informant Hukam Singh. A written report of the incident was made by Hukam Singh at Police Station, Todabhim on the same day at 7.15 p.m. on the report, crime No. 63/93 was registered under various offences including 302 IPC After usual investigation, police submitted a charge-sheet against 8 accused persons including the appellant. No charge-sheet was filed against any woman belonging to the accused party. Offence U/s. 302 IPC being triable by the Court of Sessions, the accused were tried by the learned Addl. District and Sessions Judge, Hindaun City, who convicted and sentenced the appellants as aforesaid.;