( 1 ) IN sessions Case No. 3 of 1966 Shri D. A. Desai Sessions Judge Bhavnagar convicted the appellants for having committed an offence punishable under secs. 394 326 read with sec. 34 and sec. 324 of the Indian Penal Code and sentenced them for an offence under sec. 394 of the Indian Penal Code to suffer rigorous imprisonment for 7 years No order of sentence was passed in respect of offences punishable under sec. 326 read with sec. 34 and sec. 324 of the Indian Penal Code

( 2 ) THE prosecution case was that one Bhikha Sukha was a resident of village Khakhoi Taluka Botad District Bhavnagar. Bhikha Sukha had purchased vadi land bearing S. No. 60 admeasuring 75 bighas and situated in the said village. Bhikha Sukha has no child. He has a sister who was married to one Premji Prag who originally resided in village Ugamedi. Premji has four sons. After Bhikha Sukha had purchased the vadi land he brought his brother-in-law Premji Prag and his four sons to village Khakhoi and they settled in the said village. Dharamshi and Talshi 2 elder sons of Premji were cultivating this vadi land. In the cultivating season of 1964-65 Premji Prag and his sons had raised Juwar Sugar cane chillies and cotton crops in the different portion of the said survey number. The cotton crop was raised in an area of about 14 bighas which was situated on the southern boundary of the vadi land. There was a hedge on the southern boundary of this field Premji Prag and his sons had also raised wheat crop in a tank in the village Bhimdad. Suvery No. 60 abutted on the boundary of the revenue limits of village Bhimdad. Premji Prag bad dug a water channel from the well in the field upto the tank and the point where the channel passed through the fence there was an opening in the hedge. Premji had engaged one Chhagan Devji as an agricultural servant since 2 years. Dharamshi Talshi and Chhagan Devji were sleeping in the vadi during the night to keep a watch on the crop. On the date of the incident i. e. on the night between 3rd and 4th December 1965 Dharamshi Talshi and Chhagan were sleeping in the field. Near the well there was a small shed. Chhagan was sleeping in the shed while Dharamshi and Talshi were sleeping out side in the field. At mid-night time Dharamshi Talshi and Chhagan woke up on hearing the barking of a dog. Dharamshi and Talshi went running in the direction from which they heard the sound. They came near the southern boundary of the field near the cotton crop. They saw one man standing near the opening of the hedge. On seeing Dharamshi and Talshi that man came near them and gave a blow with a stick to Talshi. Talshi fell down on the ground. At that time the appellants and 4 other persons were plucking cotton from the cotton crop and on seeing Dharamshi and Talshi they ran to wards them and bet Dharamshi and Talshi. Dharamshi had a dharia with him and Talshi had 8 spade with him. Dharamshi and Talshi also hit the accused with their respective weapons. Dharamshi and Talshi fell on the ground. The accused and his companions ran away from the place of the incident. Chhagan Devji came near the injured persons. He helped Talshi to get up and Dharamshi Talshi and Chhagan went near the well. On the way Chhagan asked Talshi as to what had happened and Talshi replied that the appellants and other accused had come to commit theft of cotton crop and that he had identified 4 of them. He gave the names of the 4 accused as Titku Laghra Moti and Naja. Chhagan made Talshi to sit on a cot and ran to the village to inform Bhikha Sukha and Premji Prag. He informed Bhikha Sukha and Premji Pragji that thieves had entered his field to commit theft of cotton crop and that they had caused injuries to Dharamshi and Talshi. Bhikha Sukha came to the vadi on a horse back. Dharamshi informed him in the vadi that 6 kolis of Dhankania village had come to commit theft and caused them injuries. Chhagan and Premji also came to the field. Chhagan yoked the cart and Dharamshi an