JUDGMENT

Y.B. Suryavanshi, J. - The five appellants, namely, Motilal, Shanker s/o Motilal, Shiv Kumar, s/o Lalji, Ram Kinker, S/o Motilal and Lalman s/o Lalji, have preferred this appeal against the convictions and sentences passed in S.T. No. 77184 by A.S.J., Satna dated 6.3.1985. The convictions and sentences are as follows:

CONVICTION

SENTENCE

Appellant Ram Kinker Section 148 & 302/149 I.P.C.

2 years R.I. and R.I. for life.

All Others under Section 147 & 302/149 I.P.C.

2 years R.I. and R.I. for life.

All Appellant under Section 323/149 I.P.C. for causing hurt to Jageshwar

6 months R.I.

Appellant Shanker under Section 323/149 I.P.C. for causing hurt to Ishwardin

6 months R.I.

Appellant Ram Kinker Section 325 I.P.C. for causing hurt to Kailash

One year’s R.I.

with a direction that the sentences shall be concurrent.

2. It is not in dispute that on 14.3.1984 at village Gunhar, P.S. Nagod, there was some incident with Raghuvar (deceased) and the two appellant Motilal and Ram Kinker, who are respectively father and son. However, the prosecution and the defence versions about the incident are divergent.

It is also not disputed that inspite of both these versions, the genesis is the sam