The burden of proving the guilt of the accused is always on the prosecution, and the prosecution must prove the nature of injuries beyond reasonable doubt in criminal cases.

V.G. SABHAHIT, J:

1. This appeal is filed by the State being aggrieved by the judgment of the Court of the Sessions Judge, Dakshina Kannada, Mangalore, in Criminal Appeal No. 170/1999 dated 24.01.2002, wherein the learned Sessions Judge has allowed the appeal in part and has confirmed the finding of the trial Court that the accused Nos.1 to 3 and 5 are guilty of having committed the offences punishable under Sections 143, 147, 148, 447 and 324 of the Indian Penal Code and has set aside the finding of the trial Court that the accused are guilty of the offence punishable under Section 326 of I.P.C. Further, the learned Sessions Judge has set aside the sentence of imprisonment, and fine passed by the trial Court and in lieu of the same, has sentenced each of the appellants therein to pay a fine of Rs.250/- and in default of payment of fine, to undergo imprisonment for 15 days for each of the offences punishable under Sections 143,. 147 and 148 of IPC., and to pay a fine of Rs.5000/- and in default of payment of fine, to undergo imprisonment for one month in respect of the offence punishable under Section 447 of I.P.C., and to pay fine of Rs.1,000/- and in default of payment of fine, to undergo imprisonment for 45 days each for the offence punishable under Section 324 read with Section 149 of IPC.

2. The essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court are as follows:

2.1. Accused Nos.1 to 5 stood charge before the Court of the Addl. Civil Judge (Jr. Dn), and J.M.F.C., Puttur, Dakshina Kannada, in Crl. Case No.1796/1993 on the allegation that the accused and PW.3 – Balakrishnagowda are brothers and in connection with the dispute regarding the right of way, there existed enmity between them. On 30.04.1993, at about 9 p.m., accused Nos. 1 to 5, came to the Courtyard of PW.3 – Balakrishnagowda armed with deadly weapons like talwar and cudgel and addressing PW-3, who was washing his hands after taking his dinner as ‘Rande Maga” etc…. accused No.1 assaulted him (PW.5) with Talwar on his hand and accused Nos.2 to 5 assaulted him with cudgel all over his body and when the wife of Balakrishna Gowda (PW-3), namely, Smt. Susheela (PW,4) intervened, was also assaulted by accused No.1 with Talwar and also cudgel by the other accused persons. The accused formed themselves into an unlawful assembly with a common object and in furtherance of the common object of the unlawful assembly, assaulted and caused injury to PWs.3 and 4 and thereby, committed the offences punishable under Sections 143, 147, 148, 324, 326 read with Section 149 of I.P.C.

2.2. All the accused pleaded not guilty and claimed to be tried. The prosecution examined PWs.1 to 10 and got marked Exs.P1 to P8(a) and got marked M.O. Nos.1 to

7. During the pendency of the trial before the learned Magistrate, accused No.4 – Ramanna Gowda died and the statement of the other accused was recorded under Section 313 Cr.P.C. The defence of the accused is one of denial and it is their case that is false case has been foisted against them. They did not choose to lead any defence evidence.

2.3. The trial Court, after considering the contention of the learned Counsel appearing for the parties and on appreciating the oral and documentary evidence adduced by the parties, by judgment dated 29th November 1999, relied upon ‘the evidence of the injured eye-witnesses P.Ws.3 and 4 as also the evidence of the medical officer – PW.1, who examined PWs.3 and 4 and issued wound certificate of PW.3 as per Ex.P1 and wound certificate of PW.4 as per Ex.P2 and held that the prosecution has proved beyond reasonable doubt that the accused have committed the Offences punishable under Sections-143, 147, 148, 447, 324, 326 read with Section 149 of IPC., and sentenced each of the accused Nos. 1 to 3 and 5 to undergo: simple Imprisonment for three months for the offence punishable under Section 143 of IPC….; simple imprisonment for one ye