Mahesh Chandra Sharma, J. - (1.) The appellant has preferred this appeal under Section 374 Cr.P.C. against the judgment of conviction and sentence dated 19/20.2.1986 passed by Addl. Sessions Judge, Baran (for short 'the trial Court') in sessions case No 84/83 whereby he convicted and sentenced the accused appellant as under : U/s 304 Part-I IRC : Ten years' RI and a fine of Rs. 2,000/-. in default of payment of fine, he s^all further undergo six months Rl. U/s 147 IRC: One year RI. Both the sentences were ordered to run concurrently. Brief facts of the case are that on 4th June, 1983 at about 2:00 AM Shri Bhagwan Lal (since deceased) went to P.S. Nahargarh accompanied by his brother Ram Kishan and Bhagwan Lal and lodged a verbal report to this effect that at about 5 or 6 P.M. on the preceding evening he was standing in front of his house. His younger brother Ram Kishan was also standing there. It was further stated in the FIR that the informant's brother Ram Kishan told the appellant and his father Har Narain, who are alleged to be standing in front of the house of Kajod Dhakar as to why had they placed stones on their Revadi, which was lying in the chowk of the field. Thereupon, Har Narain, is alleged to have told him that the said place did not belong to his father and he started hurling filthy abuses. Thereupon the informant Bhagwan Lal and his brother Ram Kishan forbade him from giving the abuses.
(2.) The complainant further mentioned in the report that the accused appellant hit the informant with a stone on the right side of the head, as a result of which he started bleeding. Co-accused Har Narain is alleged to have inflicted a lathi blow on the right elbow. Co-accused Hira Lal is alleged to have inflicted a lathi blow on the right leg and co-accused Khem Lal inflicted a lathi blow on his back. Co-accused Dwarka Lal, Mathura Lal, Brij Mohan, Bhanwar Lal and Madan Lal Dhakar of village Pachlawda are also alleged to have arrived there and they are also alleged to have given beating to the informant with fists and legs in the abdomen and the testicles. The accused persons alleged to have given beating to the informant Bhagwan Lal and his brother Ram Kishan outside his house as also in the court yard of the house with common object. The above occurrence was alleged to have been seen by Kajod and others.
(3.) After investigation, the police submitted charge-sheet against the accused appellant.;