1. - This appeal is directed against the judgment dated 15th Jan. 1982, passed by the Addl. Sessions Judge No. 2, Baran (for short, "the ASJ"), by which, the appellant has been found guilty of offences under sections 308 & 324, Indian Penal Code and sentenced him to 3 years' rigorous imprisonment and a fine of Rs. 300/-, and in default of payment of fine, to further undergo 4 months' rigorous imprisonment; and no separate sentence for the offence under section 324, IPC, was passed.

2. The alleged incident had taken place on 7th July, 1980, at about 10' clock in the noon, at Village - Pipalkhedi. One Babulal lodged a report at the police station, alleging that he and his brother Ranglal had gone to their field to sow 'Jawar'; while they were ploughing the filed, they field the 'Khud' near the boundary of Kana accused. Kana and Kalyan started removing the same. At this, Babulal tried to stop them; but, Kana and Kalyan abused him. Then Gopal ran to beat Ranglal; and Babulal was beaten up by Gopal. Suddenly, Heeralal came from the village and gave knife-blows to Ranglal. On this report, a case under sections 307/148 & 149, Indian Penal Code was registered.

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