IMPORTANT POINTS
When there is no delay in lodging FIR, medical and ocular evidence corroborate each other and witnesses remain unshaken in cross-examination, conviction and sentence of accused cannot be faulted.
Common object may be commission of one offence while there may be likelihood of commission of yet another offence, the knowledge whereof is capable of being safely attributable to the members of the unlawful assembly.

J. M. PANCHAL, J.

( 1 ) THE instant appeal by Special Leave is directed against Judgment dated August 3, 2005 rendered by Division Bench of high Court of Judicature of Rajasthan at Jaipur Bench, jaipur in D. B. Criminal Appeal Mo. 359 of 1998 by which Judgment dated April 17, 1998 passed by Learned Sessions Judge, Karauli, in sessions Case No. 9 of 1996 convicting the five appellants under Sections 302 read with 149, 325 read with 149, 323 read with 149 as well as convicting the appellant Nos. 1 and 4 under Section 147 and 148 IPC as well as sentences imposed therefore, are confirmed.

( 2 ) THE facts emerging from the record of the case are as under:

2. 1. There is a piece of land admeasuring about five Bighas situated in village Golara, Distt. Sawai Madhopur now Distt. Karauli in rajasthan. The Government allotted the said land to the father and brother of the first informant Babu Lal but the appellants and others who are Brahmins by caste were not permitting them to cultivate the same, as a result of which disputes relating to the said land were going on between Brahmins and jatavas of village Golara. The incident in question took place at about 7. 00 P. M. on august 28, 1995. Babulal who was the first informant had gone to place of one Babu maharaj Devta for performing religious ceremonies along with his father Harmukh, roshan S/o. Cheta, Prahlad S/o. Sualal and others. On the said day sports such as long jump etc. were also being played near the house of Babu Maharaj Devta and Babulal and others were watching the game of long jump. When the game was being played, one kanhaiya Lal Sharma, resident of village Golara sent Lata daughter of Bhanwar Lal who is appellant no. 5 herein, to inform Bhanwar Lal and his brothers that Jatavas were tilling the disputed land with a tractor. At the time when the information was conveyed Kanhaiya Lal father of the appellant No. 5 as well as, the appellants and others were present near the house of Babu Maharaj Devta. Kanhaiya Lal father of the appellant No. 5 on learning about the information conveyed by Lata loudly shouted that where all theirpeople had gone. On hearing this exhortation, Babu Devta, mahesh, Brahmanand, Kanta, Vishnu, dindayal, Kailash, Bhagwan Lal, Bhanwar Lal and Lata all residents of village Golara along with Suresh, Rajendra and Guddu S/o. Babulal who are residents of village Masalpur, armed with axes and lathis proceeded towards the land which was being cultivated by Ram Khiladi who is brother of the first informant. As Kanta, vishnu etc. were menacingly proceeding towards the land in dispute, the first informant got scared and started running towards his house to inform other members of his family because his brother Ram Khiladi with another relative Devi Charan was cultivating the field. In fact, there was no tractor deployed on the land at all. Brahmanand, Kanta etc. gathered together at the disputed place. On seeing these people coming towards the field, Ram Khiladi started running away. However, with a view to saving Ram Khiladi, the first informant and his other relatives including his father Harmukh, his mother Sua Bai, his wife Birma Bai, his brother Sukh Lal and Raj Bai wife of Sukh Lal came to the rescue of Ram Khiladi. On the way near the field of one Kanhaiya Gujar, the first informant was belaboured by Brahmanand by giving a lathi blow on his left shoulder. Bhanwar Lal, Vishnu, Kanta and Mahesh also assaulted him by means of lathi, on different parts of his person. The first informant fell down on the ground on receipt of injuries but the appellants and others did not spare him and continued to beat him with sticks and fists blows when he was lying on the ground. Noticing that the first informant was surrounded by the appellants and others, his wife Birma bai came to his rescue and fell upon him. This is how the complainant could be saved. The wife of the first informant was also not spared and beaten by sticks. When the appellants and others turned towards