S.C.AGRAWAL, J. - (1.) THIS appeal has been filed under Section 410 of the Code of Criminal procedure, 1973 against the judgment dated 27th November, 1973 pissed by the Sessions judge, Bharatpur. in Sessions Case No. 36 of 1973 whereby all the appellants have been convicted under Section 325/149 IPG& Section 147 IP C. and appellants Ghosi, Sodan and Maman have been further convicted under Section 323 IP C. Appellant Ashina has been given the benefit of the provisions of Section 4 of the Probation of Offenders Act, but the other appellants have been sentenced to rigorous imprisonment for 2 years and a fine of Rs. 500/ - in respect of offence under Section 325/149 IPC and rigorous imprisonment for one year in respect of offence under Section 147 IPC Appellants Ghosi, Sodan and Mamman have been sentenced to 6 months' rigorous imprisonment in respect of offence under Section 323 I.P.C.
(2.) IN Sessions Case No. 36 of 1973, 10 persons i. e. appellants and four other persons viz Nijra, Dhoopa, Nuru and Chavkhan, were prosecuted Appellants Ashraf and Rustam were charged under Sections 302 IPC and 148 IPG and the rest of the accused persons were charged under Sections 302 read with Section 149 IPC and Section 147 IPG Appellants Ghosi, Mamman, Sodan and Ashina and accused Nijra were also charged under Section 323 IPC. The case of the prosecution is that on 7th October, 1972 at about 4 P M. in Village Nagla Dubokhar (P.S. Kama) one Samsoo son of Sooraj Mal (PW 1) went to the pond to water the buffaloes, there he had a quarrel with accused Nijra, who gave him a beating. Sanasoo complained about it to his father, Soorajmal, and thereafter Soorajmal went to Ghosi to coinplain about the mis -conduct of his son Nijra When Soorajmal had reached near the Nohra of Dalla on his way to the house of Ghosi all the accused persons who were sitting in the house of Ghosi armed with lathies and Pharsas, rushed towards Soorajmal and attacked him Ghosi appellant gave a lathi blow on his left shoulder and Sodan gave a lathi blow on his left fore -arm. Upon hearing the alarm raised by Soorajmal, his brother Ladha (deceased) came to the spot and entreated the accused persons hot to beat Soorajmal Thereupon Asharaf gave a pharasa blow on the head of Ladha and Rustam also gave another pharsa blow where upon Ladha fell down unconscious. In the meantime Pahloo (PW 4) rushed to save his uncles and he was also belaboured by Mamman and Ashina, Nijra, Dhoopa, Chavkhan and Nuru had exhorted their companions to kill the complaint Soorajmal and Ladha In the meanwhile Salooka (PW 5), Ghotekhan PW 2) and other villagers came to the spot and thereupon the assailants left. The injured persons were taken to Kama but as the condition of Ladha was serious he was removed to the General Hospital, Bharatpur and later on Ladha succumbed to the injuries on 1 -11 1972. the First Information Report of the occurrence was lodged by Soorajmal at the P.S Kama, on 8th October, 1972 at 9 A.M.
(3.) IT appears that on the side of the accused persons. Sodan and Ghosi had also received injuries and a report in respect of said injuries was lodged by Ghosi at P.S Kama on 8th October, 1972 at .0 30 A.M in which deceased Ladha, Surajmal (PW 1, Sahebkhan (PW 10), Chotekhan (PW 2) were named as the assailants.;