Pritinker Diwaker, J.

As all the above three appeals arise out of a common judgment of conviction and order of sentence dated 31.8.2013 passed by the II Additional Sessions Judge, Balodabazar in S.T. No.99/2012, they are being disposed of by this common judgment.

By the said judgment, each of the accused/appellants has been convicted and sentenced as under:

Conviction under Section	Sentence
302/149 of Indian Penal Code on two counts.	Imprisonment for life and fine of Rs.1000/- with default stipulation on each count.
307/149 of IPC on six counts.	RI for five years and fine of Rs.500/- with default stipulation on each count.
323/149 of IPC on four counts.	RI for two months and fine of Rs.100/- with default stipulation on each count.
325/149 of IPC.	RI for one year and fine of Rs.100/- with default stipulation.
148 of IPC.	RI for six months and fine of Rs.100/- with default stipulation.

All the substantive jail sentences were directed to run concurrently.

2. In the present case, there are two deceased namely Maniram and Panchram whereas PW-1 Upendra, PW-2 Mayaram, PW-4 Puneetram, PW-5 Kalicharan, PW-8 Janakram, PW-11 Bheemlal, PW- 15 Ganeshram, PW-16 Bhagatram, PW-17 Devnath, PW-18 Shatruhan and PW-20 Chovaram are injured persons.

3. As per prosecution case, there are two groups in the village, one headed by the accused party and the another by the complainant party. On 17.8.2010 at around 1 pm FIR (Ex.P/4) was lodged by injured Kalicharan (PW-5) alleging in it that he is an agriculturist of Village- Balodi, on that day at about 12 noon he along with 40-50 persons had gone to graze their cattle in the barren land near Khapri road and during that period, appellant Mangaldas and certain other accused persons along with 30-40 persons reached there, asked them as to why they are letting their cattle graze the crop and in turn when it was told by the complainant party that it is the barren land which is being grazed by cattle, the accused persons along with 30-40 other persons after abusing them started assaulting them by means of club, axe, Chatwar (a weapon like spear). It is said that they caused injury to Maniram and Panchram and other witnesses. Based on this report, offence under Sections 147, 148, 149, 294, 323, 506-II and 307 of IPC was registered against 12 named accused and 30-40 other persons. Maniram succumbed to his injuries on way to hospital whereas Panchram died on 18.8.2010 in hospital at Raipur. Merg intimation in respect of Maniram is Ex.P/10 whereas intimation in respect of death of Panchram is Ex.P/6. On 18.8.2010 inquests on the dead bodies of Maniram and Panchram were conducted vide Ex.P/2 and P/7. On the same day postmortem on the body of deceased Maniram was conducted vide Ex.P/105 by PW-23 Dr. FR Nirala who noticed that V shaped lacerated wound on upper part of the head, swelling around left eye region. In his opinion the cause of death was shock due to head injury and death was homicidal in nature. Likewise, postmortem on the body of deceased Pancharam was also conducted on 18.8.2010 vide Ex.P/8 by PW-19 Dr. SK Bagh who noticed surgical stitched wound around left fronto-parieto occipital region, fracture of left parietal temporal bone and right parietal temporal bone, excessive blood in clotted form present in lateral ventricle, excessive extra dural hemorrhage and sub-dural hemorrhage present in both temporal and occipital region but base of brain (occipital) was prominent and injury on the back side. In his opinion, the cause of his death was cardiorespiratory failure as a result of head injuries and their complications and death was homicidal in nature. According to both the doctors, the injuries were caused by hard and blunt object. Both the deceased persons were initially medically examined by PW-23 Dr. FR Nirala