IMPORTANT POINT
The conclusion of the Courts below that unlawful assembly of appellants caused the death of Jagga Singh is correct. But as no bullet injury was found though appellants had guns and pistols, High Court rightly altered the conviction from Section 302/149 IPC to Section 304 Part II/149. However, to meet the ends of justice imprisonment sentence is reduced to already undergone while maintaining fine.

Headnote:(i) Indian Penal Code, 1860-Sections 302/149 and 304 Part II/149-Unlawful Assembly of 12 persons-Political enmity on voting-Five persons injured out of whom one died-Trial Court held the common object of unlawful assembly was murder--High Court held it was not to commit murder but grievous hurt which caused death-Whether High Court was right ? (Yes)-No bullet injury though some of appellants had guns and pistols-Injuries caused by appellants on lalkara that "majbi be finished"-Evidence of Munshi Singh PW 11 is supporting it-(Para 19)-The High Court rightly altered the conviction and the appellants were guilty of the offences for which they were so convicted and sentenced by it.
(ii) Question of sentence-Alteration in conviction-High Court convicted under Section 340 Part II r/w 149 on January 28, 1985-R.I. of 4 years awarded-Accused had already undergone for over 2 years imprisonment-Whether imprisonment sentence be reduced from 4 years R.I. to period already undergone in the interest of justice ? (Yes) (Para 19)-Sentence of fine of Rs. 5000/- each is maintained in default 2 years R.I.
(Para 20)

JUDGMENT

Kirpal, J.-This judgment will dispose of Criminal Appeal Nos. 238/85, 522/84, 660/84, 10/85 and 133/85 whereby the High Court partly allowed the appeals of the respondents and converted the conviction of the appellants who are sentenced under Section 302 read with Section 149 I.P.C. to one under Section 304 Part-II read with Section 149 I.P.C.

2. Twelve persons were tried for an incident which had occurred on 7.7.1982 near Dharamshala of Village Baragudha it about 10 P.M. According to the F.I.R. which was lodged by one Munshi Singh PW 11, Sukhdev Singh, one of the appellants in these appeals who in the company with some other appellants went to the lane of Harijans in the said village and fired some shorts in the air. Accordingly, Munshi Singh PWII alongwith Jagga Singh deceased. Teja Singh, Balkishan, Prem Singh and Chhotta Singh PW12 set out for the Police Station Baragudha for reporting this matter. When they reached near the Dharmashala of the village it is alleged that they were confronted by Sukhdev Singh and Pritam Singh who were armed with a gun each, Major Singh, Mohinder Singh, Gurtej Singh son of Narain Singh and Amarjit Singh each of whom was armed with a pistol as well as Kuldeep Singh, Zora Singh, Gurtej Singh son of Pritam Singh, Munshi Singh and Naiba Singh appellants all armed with a gandasa each and Kaka Singh who was armed with a lathi. The appellants raised a shout that the Harijans be suitably dealt with because they did not listen to others. Thereupon it is alleged that Sukhdev Singh gave a blow with the butt of his gun on the head of Munshi Singh PW 11. Gurtej Singh son of Pritam Singh, gave a gandasa blow on the right side of Munshi Singh s hand while his left hand received a blow by a gandasa which was inflicated by Zora Singh, Gurtej Singh son of Pritam Singh also gave a gandasa blow from the reverse side on his right knee and another blow on the right shoulder and on the back of Munshi Singh, Kaka Singh also gave a lathi blow on Munshi Singh s fingers. The appellants are also alleged to have caused injuries to Jagga Singh deceased, Prem Singh, Bal Kishan and Teja Singh. The victims raised an alarm and thereupon the appellants, alongwith their respective weapons, went away from the place of occurrence.

3. Chhota Singh PW12 took the injured persons to the Primary Health Centre Baragudha. Dr. Raj Kumar PW3 examined Munshi Singh PW11 at 11.45 P.M. on 7.7.1982. He noticed 11 injuries on the person of Munshi Singh. On the same night at 12.10 a.m. the said Dr. Raj Kumar PW3 examined Bal Kishan and found that he had 3 injuries, all of which were simple in nature. The said Doctor also examined Teja Singh on the same night who had 6 injuries on him.

4. The said Dr. Raj Kumar PW3 sent a note about the occurrence to police station Baragudha on that very night whereupon the ASI Bhup Singh PW15 want to the Primary Health Centre. Baragudha and recorded the statement of Munshi Singh PW11 on the basis of which a case under Sections 324 323, 285, 148, 341 read with Section 149 IPC and Sections 25/27 of the Arms Act was registered at the said police station.

5. As the injuries on Jagga Singh and Prem Singh were found to be more serious they were referred to the Civil Hospital at Sirsa. Dr. J.L. Bhutani PW2 medically examined Jagga Singh deceased at 3.35 A.M. on 8.7.1982 and noticed 7 injuries which were as follows :

"1. Incised wound 10 cm x bone deep on the lateral aspect of the left side of face, in front of pinna extending towards the angle of the mandible. The margins were sharp and fresh bleeding was present.

2. Incised wound 8 cm x 1 cm bone deep on the top of the skull 1" above the hair line and extending towards the top on the left side. The margins were sharp and fresh bleeding was present. X-ray was advised.

3. Incised wound 9 cm x 1 cm bone deep extending from the hair line in the direction of the sagital muture. The margins were sharp an

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