1. - Challenge in these appeals is to the judgment dated September 24, 2003 of learned Additional Sessions Judge (Fast Track) Alwar whereby the appellants, five in number, were convicted and sentenced as under:

Appellant Bharat:

U/s.307, IPC:

To suffer rigorous imprisonment for seven years and fine of Rs. 3000/-, in default to further suffer rigorous imprisonment for one year.

Appellants Mukesh, Vishal, Leader @ Kalu and Ajay @ Ganja:

U/s.307/149, IPC:

Each to suffer rigorous imprisonment for seven years and fine of Rs. 1500/-, in default to further suffer rigorous imprisonment for six months.

Appellants Bharat, Mukesh, Vishal, Leader @ Kalu and Ajay @ Ganja :

U/s.148, IPC:

Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months.

U/s.323, IPC:

Each to suffer rigorous imprisonment for one year.

U/s.341, IPC:

Each to suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

2. It is the prosecution case that informant Bhima Ram (Pw.1) submitted a written report (Ex.P-1) at Police Station Kotwali Alwar on September 22, 2002 at 1.00 PM to the effect that on the said day around 11 AM his son Jag Mohan was sitting at his shop of Sweets meanwhile Mukesh, Bharat, Vishal, Leader @ Kalu, Nanga and 8-10 others came armed with Sword, lathi, Pharsi and Rod and attacked on Jag Mohan. Bharat inflicted sword blow on head of Jag Mohan, as a result of which he fell down and others gave blows with Lath i, Rod and Pharsi. When informant tried to intervene Lathi blow was inflicted on his waist. On that report case was registered under sections 147, 323, 451, 148 and 307, Indian Penal Code and investigation commenced and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Alwar. Charges under sections 148, 307, 307/149 323 and 341 Indian Penal Code were framed. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 17 witnesses. In the explanation under Sec.313 CrPC, the appellants claimed innocence. Appellant Mukesh stated that while he was going to his house he was beaten up in the way, 3-4 Pharsi-blows were inflicted, hot milk was poured and he sustained fracture of leg. He remained under treatment for 10-15 days at SMS Hospital Jaipur. Two witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

3. I have heard learned counsel for the appellants and learned Public Prosecutor and weighed the material on record.

4. A look at the record demonstrates that Jag Mohan (Pw.3) vide injury report (Ex.P-16) sustained following injuries:-

1. Post operative bandage all over scalp.

2. Lacerated wound of size 6 x 11/2 x bone deep on Lt.forearm ventrally irregular margins.
On X-ray part of bone of occipital region was found missing.Injured Bhima Ram vide injury re port (Ex.P-13) received two bruises on chest.

5. The prosecution case is founded on the testimony of Bhima Ram (Pw.1) and Jag Mohan (Pw.3). Conjoint reading of the statements of these witnesses reveals that the complainant party and accused party freely fought together and appellant Mukesh also sustained injuries. Babita wife of Mukesh lodged report bearing FIR No.447/2002 dated September 22, 2002 (Ex.D-7) and case under sections 147, 148, 149, 341 and 323 was registered against Jag Mohan and Sita Ram at Police Station Kotwali Alwar. As per injury report Ex.D-9 appellant Mukesh received following injuries:-

1. Lt. leg & foot

2. Abrasion forearm.

3. Abrasion with diffuse swelling on nose

4. Bruise 6 x 2cm at Lt. shoulder

5. Stitched wound irregular size 6 x 4cm at ventex
On X-ray vide Ex.D-10 fractures of ulna and fibula were found.

6. Factual situation emerges from the material on record may be summarised thus:-

(i) It was complainant pa