JUDGMENT

S.K. Agarwal, J. - Heard learned counsel for the applicants Sri G.S. Chaturvedi assisted by Sri Samit Gopal, Sri K.N. Joshi, learned Counsel for the complainant and learned A.G.A.

2. The present appeal has come to this Court against an order of conviction under Sections 307/149, 325/149, 323/149 and Section 147, I.P.C. The appellants are consequently sentenced to 4 years' RI., one year RI. 6 months' RI. respectively under the above said counts. The sentences were to run concurrently.

3. The brief facts of the case are that appellants and victim both are collaterals. They were living in the same area. The relations between them were strained due to litigations including proceedings under Sections 107/116. As a consequence of this enimosity, on 2-41989 in the morning at about 8.00 A.M. an assault was launched by these appellants and 3 others who were acquitted by the trial Court upon Shiv Balak Bharti. Raghunath Bharti, Ram Kumar Bharti and the informant Ram Das Bharti while they were harvesting their Arahar crop. The assault culminated on the arrival of the witnesses who heard the arms raised by the victims of the incident. The assailants as soon as they saw a number of people approaching towards the site of occurrence withdrew from the spot with their respective weapons. The report was transcribed on the dictation of the informant Ram Das Bharti, by one Ramanand Rai and the same was taken to police station Bairiya on the same day and lodged at about 12.45 P.M., it is Ex. Ka-1. Relevant entries in the General Diary of the police station were made. The offence was registered and the check F.I.R was also prepared by the Head Moharrir, P.W. 5 Ram Sanehi Yadav. After the registration of the case the investigation was taken up by P.W. 6, Ram Daras Rai but before he could complete the investigation, it was entrusted to Rang Lal Pandey who completed the investigation and submitted charge-sheets in Court against all the accused persons. The injured persons were medically examined by two doctors Dr. V. Rai, F.W. 4, who examined Shiv Balak, Raj Kumar and Raghunath on the date of incident itself Dr. Vijay Kumar, P.W. 9, examined the injuries of Smt. Lalmani. Dr. RC. Rai. P.W. 8, Radiologist, subjected Shiv Balak Bharti, P.W. 3, Raj Kumar Bharti P.W. Z and Smt. Lalmani to X-ray examination. A fracture of the parietal bone was detected in the case of Shiv Balak Bharti.

4. The prosecution in support of its case apart from above witnesses examined 3 eye-witnesses. They are Ram Das, P.W. 1 the informant, Raj Kumar Bharti, P.W. 2 and Shiv Balak Bharti, P.W. 3.

5. The learned Sessions Judge after a thorough and proper appraisal of the evidence came to the conclusion that the offence against the accused persons was proved on all those counts for which they were charged for and convicted and sentenced them as earlier stated. He had extended benefit of doubt and acquitted three viz. Sri Ram. Bharti, Sarju Bharti and Nand Kishore Bharti. Sri Ranl Bharti was armed with Ballam and rest were anned with Lathi. Sarju Bharti and Nand Kishore were granted benefit of doubt on the ground that they were the men of considerable advanced age. Sri Ram Bharti was acquitted on the ground that none of the victim had sustained any injury of the weapon i.e. Ballam with which he was armed.

It has been urged before me that no offence under Section 307 I.P.C. is made out against these appellants. The injuries sustained by the victims are wholly incompatible with the number of assailants. According to learned Counsel, in all 25 injuries were caused upon the 3 victims. They have also challenged the presence and injuries of Smt. Lahnani, who is the author of Shiv Balak. P.W. 2's head injury is not specified.

7. A perusal of the statements of the 3 eye witnesses including the two injured leaves no room for any doubt that the incident had taken place at the time and almost in the manner alleged by the prosecution witnesses. No serious infirmity in the prosecution e