AMARESH KU.SINGH, J. - (1.) Heard the learned counsel for the appellants and the learned Public Prosecutor.
(2.) This appeal is directed against the judgment dated 13th September, 1979 passed by the learned District and Sessions Judge, Jalore in Sessions Case No. 13/79 State v. Kania. By the aforesaid judgment accused appellants Kania, Bagia s/o Dhanna Bagia s/o Samela, Bhuba, Bholia and Modia were convicted under Ss. 147 and 302 read with 149 of the IPC and each of them was sentenced to imprisonment for life and a fine of Rs. 1000/- and further rigorous imprisonment for six months for default in payment of fine for the offences under S. 302 read with 149 of the IPC and rigorous imprisonment for two years for the offence punishable under S. 147 of the IPC.
(3.) The facts of the case may be briefly stated as below :- On 10th March, 1979 at about 10-30 a.m. Chhatar Singh s/o Bharat Singh gave a statement to the Station House Officer, Jalore at Government Hospital, Jalore. That statement was treated as First Information Report and the case under Ss. 307, 147, 248 and 149 of the IPC was registered. According to the statement Ex. P/5 of Chhatar Singh, on the previous night at about 8 p.m. Kesar Singh, Jeev Singh, Mod Singh, Shav Singh went to the Pole of Vishan Singh. They stayed there for about one hour and thereafter they proceeded towards the "Chohata". After about half an hour, Chhatar Singh went to "Seri" and at that time he heard the cries of Mangu Singh. He was crying "ekjs js ekjs js" Chhatar Singh rushed towards Mangu Singh and saw that in front of the houses of Prema Raibari and Sadwana Raibari, Kania s/o Rupa, Bholia s/o Bheema, Bagia s/o Samela and Bhuba s/o Chaina were assaulting Mangu Singh with lathies. Mod Singh s/o Guman Singh was standing in the neighborhood, Bhav Singh and Jab Singh also reached the place of occurrence. Chhatar Singh, Bhav Singh and Jab Singh intervened in order to protect Mangu Singh. After that they found that Mangu Singh had two injuries on his head and blood was coming out of his injuries. Mangu Singh was taken to his house in a cart and Chhatar Singh gave information about the incident to Mangu Singh's wife. Mangu Singh was then taken to Government Hospital, Jalore in an unconscious condition. In his statement Ex. P/5 Chhatar Singh revealed that the accused persons had grazed the animals in the crop of Mangu Singh and Mangu Singh had instituted a First Information Report and on account of that report the accused persons developed enmity and as a result of that enmity they inflicted injuries to Mangu Singh. ;