K.S.SIDHU, J. - (1.) THE appellants Jhuntha Ram, Chhaju Ram Banwari, and Ganpat were tried, along with Moola and Sheopal, by the learned Sessions Judge, Jhunjhunu for offences against Sections 302, 149, 147, 458 and 323, 149 I.P.C. for inflicting injuries to Gulla deceased and P.W. Jhabar and thereby causing the death of Gulla. The learned Judge acquitted all of them of the offences against Sections 147, 302, 149 and 458 I.P.C. Moola and Sheopal were acquitted of all the charges framed against them Jhuntha Ram, Chhaju Ram, and Banwari were found guilty of causing grievous hurt with blunt weapon to Gulla deceased and thus convicted under Section 325 read with Section 34 I.P.C. They were sentenced to rigorous imprisonment for a term of five years each. Ganpat was found guilty of causing hurt to Jhabar P.W. and thus convicted under Section 323 IPC to a sentence of rigorous imprisonment for two months.
(2.) JHUNTHA Ram Chhaju Ram, Banwari and Ganpat have appealed from the aforementioned order of conviction and sentence against them. The prosecution against the 6 accused mentioned above was launched or, the police report submitted on the basis of the FIR registered at Police Station Khetri at the instance of P.W. Harnath on October, 22 1972 at 3 p.m. The allegations contained in the FIR may be briefly recapitulated here. On October 21, 1972 at about 7 or 8 p.m. Gulla deceased an his sons Jhabar P.W. and Harnath complainant were present inside their house Gulla was lying in a cot. Harnath heard the souts of 'thief thief' from out side his house. Six prisons namely, jhuntha Ram, Chhaju Ram, Banwari Sheopal Ganpat and Moola, armed with sticks, entered the complainant's house. They attacked Gulla and his sons. Jhuntha Ram, Chhaju Ram and Banwari structed stick blows to Gulla. As a result of these blows, Gulla fell down on the ground Jhabar P.W. went forward to save his father from further blows. Sheopal, Ganpat and Moola charged at Jhabar inflicting number of blows to him. Harnath, however, managed to escape, for the hurriedly went into a room and concealed himself there. Jhuntha Ram also suffered some injuries in the course of this transaction. He along with his companions ran away from the house of the complainant after committing the crimes aforementioned. The accused forcibly took Gulla deceased with them and kept him wrongfully confined in Jhuntha Ram's house till the time of the reporting of the occurrence to the police. Prahalad, Mala, Panna and Prabhau witnessed the occurrence. Complainant Harnath sent his brother sohan from his house to report the matter to the police that very night. It is alleged that one Krishna did not let Sohan go to the police that night holding out the promise that he would bring about a compromise between the parties. Harnath lodged this report with the police adding that at the time of reporting the occurrence his lather Gulla was being kept still wrongfully confined in Juntha Ram's house.
(3.) IT was on these allegations made by the complainant Harnath that the police registered a case under Sections 147, 448 and 342 IPC. It was during the investigation and after the death of Gulla that the case was converted into one under Sections 302 read with Section 149 and 458 IPC.;