IMPORTANT POINT
(1) In any particular case, the injuries found on the person of the accused being serious in nature may assume importance in respect of the genesis and manner of occurrence alleged by the prosecution.
(2) In case the injuries are only superficial, that may not affect the prosecution case.
(3) It is settled legal position that discovery and recovery is merely a corroborative piece of evidence and even in absence of such evidence, conviction can be sustained if other evidences prove the prosecution case beyond reasonable doubt.

G.R.UDHWANI, J.

1. The judgment and order dated 21.1.2014 passed by the learned 6th (Ad hoc) Additional Sessions Judge and Special Judge (Atrocity), Veraval, District Junagadh, in Atrocity Sessions Case No. 33 of 2006 convicting the appellants – original accused for the offence punishable under sections 302, 326, 325, 120B, 324, 143, 147, 148, 149, 323, 504, 506(2) and 447 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC” for short) and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as “the Atrocity Act” for short) as also sentencing them to suffer incarceration for the offences punishable under sections 143, 147, 148, 302 of the IPC and under section 3(2)(v) of the Atrocity Act, is assailed in this appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr. P.C.”).

2. By the impugned judgment and order, each of the appellants was ordered to suffer rigorous imprisonment of six months for the offence under section 143, two years for the offence under section 147, three years for the offence under section 148 of the IPC. For each of the said offence, each of the appellants was fined a sum of Rs. 500/- and was also imposed a sentence of simple imprisonment of two days in default of payment of fine. For each of the offence punishable under section 302 of the IPC and under section 3(2)(v) of the Atrocity Act, each of the appellants was sentenced to suffer rigorous imprisonment for life and a fine of Rs. 5000/- and in default of the payment of fine, a further simple imprisonment of six months for each of the above two offences came to be imposed upon the appellants. Considering the above sentences, the trial court refrained from imposing separate sentences for the offences punishable under sections 323, 324, 325, 326, 120B, 447, 504, 506(2) of the I.P.C.

3. Set off under section 428 of the Cr. P.C., was given to the appellants and all the sentences were ordered to run concurrently.

Facts Emerging From F.I.R:

4. An FIR Exh. 64 came to be lodged by one Deepakbhai Bhikhabhai Chandapa, PW-15, Exh. 63, with Prabhas Patan Police Station (Camp) at Veraval, on 9.8.2006 which came to be registered as First Crime Registration No. 11 of 2006 stating therein, inter alia, that he was the resident of village Dhari of Veraval and that his uncle Mulabhai Sajanbhai Chandapa (deceased herein) and his brother Ramabhai Sajanbhai Chandapa were occupants of a piece of land they had encroached upon since long and were using the same for agricultural purposes and were also residing on the very same land with their families. That Muslims of the village, namely, Nura Vali and his brothers Ishaqbhai Aminbhai and Hanifbhai Aminbhai with an intention to grab the said piece of land from the two brothers used to frequently harass them as also the complainant who was also occupant of other piece of land by encroachment. Earlier also a complaint was given by Mulabhai Sajanbhai in the police station.

5. It was further stated in the FIR that on 9.8.2006 the complainant along with Mulabhai Sajanbhai had left on the Splendor Motorcycle for shopping towards Veraval and at about 10.15 a.m., they were accosted near Do-bhai Dargah by accused Hanif Amin, Nura Vali, Mehmood Vali, brother of Nura Vali, Ibru and Ishaq Amin and made utterances in derogation of their caste and asked them to vacate the land and quit the village. It is stated in the FIR that the accused aforestated told Mulabhai Sajanbhai that he will be done to death “today”. The complainant went on to state in the complaint that accused Hanif possessed hoe and each of the accused, Nura Vali and Ishaq Amin possessed axe and Mehmoodvali and Ibru respectively possessed iron pipe and stick and all of them started assaulting Mulabhai Sajanbhai at random with their respective weapons and accused Hanif gave two slaps to the complainant warning him to stay away else would meet with the s