INDER SEN ISRANI, J. - (1.) THIS is a criminal appeal under Section 374 Cr. P.C. against the judgment dated 22 -7 -78, passed by the learned Addl. Sessions judge, Baran, in sessions case No. 57/77, convicting and sentencing the accused appellants under Section 307/34 I.P.C., as under: (1) Vijai Shanker: 3 years R.I. and a fine of Rs. 100/ -, indefault of payment of fine, to undergofurther R.I. for 2 months;(2) Jodhraj; 2 Years'R.I. and a fine of Rs. 100/ -, indefault of payment of fine, to undergofurther R.I. for a period of two months;(3) Hanshraj: Imprisonment till rising of the court anda fine of Rs. 50/ -, in default of paymentof fine, to undergo simple imprisonmentfor a period of one month.
(2.) THE allegation against the appellant is that on 31 -1 -77 at about 10.00 a.m., in village Bahadurganj all the accused appellants conspired and gave beating with lathes to Nand Singh. An FIR regarding the incident was lodged on the same day at 3.45 p.m. by Ram Singh at Police Station, Atru. According to the medical report, Nand Singh had 2 injuries on his head caused with blunt weapon. Injury No. 2, according to the medical report, was grevious. The blood had also come from the right eye and right ear of Nand Singh. As per Ex. P 3, since the X -ray unit in Maharao Bhim Singh hospital, Kota was out of order, private X -ray of Nand Singh was conducted, which showed the fracture in the head. All the accused persons were charged under Section 307/34 I.P.C. The prosecution examined as many as 17 witnesses. The accused appellants were examined under Section 313 Cr. P.C. and produced one witness in defence. After hearing both the parties, the learned trial court convicted and sentenced the accused appellants as mentioned above. Hence this appeal.
(3.) I have heard Mr. Shahid Hasan appearing for the appellants and Mr. Suresh Sharma, learned Public Prosecutor for the State.;