JUDGMENT :

1. The appellants have preferred the instant appeal under Section 374(1) of the CrPC being aggrieved of the judgment dated 11.12.1993 passed by the learned Additional Sessions Judge, Bhilwara, Camp Shahpura in Sessions Case No.25/1990, whereby all the appellants have been convicted for the offences under Section 325 read with Section 149 of the IPC and 323 read with Section 149 of the IPC. Further the appellants Gheesa, Jagdish, Jamna Lal, Sita Ram and Ram Kuaar have been convicted for the offence under Section 148 of the IPC and appellants Bhoora Lal, Mst. Omkari and Mst. Mangi have been convicted for the offence under Section 147 of the IPC. The appellants Nos.4 to 8, namely, Mst. Mani, Mst. Omkari, Bhoora Lal, Jagdish and Ram Kuaar, have been ordered to be released on probation, whereas sentences have been awarded to the remaining appellants for their

Offence for which convicted Sentence, Fine and Default Sentence

Section 148 IPC 6 months' rigorous imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, 1 month's simple imprisonment

Section 325 IPC read with Section 149 IPC 3 years' rigorous imprisonment alongwith a fine of Rs.1000/- and in default of payment of fine, further to undergo 3 months' simple imprisonment

Section 323 read with Section 149 IPC 3 months' rigorous imprisonment

The appellants No.7 and 8 were directed to pay Rs.500/-and Rs.1,000/- respectively as compensation to the complainant.

2. Briefly stated, facts relevant and essential for disposal of the case are that the complainant Kalyan (P.W.2) was having an agriculture field in Bei Varda. On 21.11.1989 in the afternoon, he and his son Ram Kuaar were fetching water for irrigation and Mangi (P.W.3), Prem (P.W.4) and Gyarasi (P.W.5) were irrigating the field. The complainant party and the accused party were having some dispute over a land situated at Bei Piliya and due to this enmity, the accused came to the field of the complainant. The man were having lathis in their hands, whereas the ladies were having stones. The accused assaulted the complainant and his son; caused multiple injuries and broke their limbs. When Mangi, Prem and Gyarasi tried to save them, they too were assaulted. Due to the injuries, the members of the complainant party fell down on the ground, and assuming them to be dead the accused ran away from the scene. Shokaran, Ramkaran, Dama and Mangilal came to the spot and took the injured first to the Police Station, from where they were taken to the Shakkargarh hospital and later on they were referred to the higher centers for treatment. Ramkuaar had gained some conscience at the Police Station Shakkargarh, upon which he got registered FIR No.91/1989. The police inspected the place of incident, prepared the spot documents, procured the injury reports, arrested the accused, made recoveries, recorded statements of the witnesses and upon completion of the investigation, filed charge-sheet against the accused persons.

4. The learned trial court framed charges against the appellants for the offences under Sections 147, 148, 307/149, 325/149 and 323/149 IPC and upon denial of guilt by them, commenced the trial. During the course of trial, as many as 11 witnesses were examined and various documents were exhibited. Thereafter, an explanation was sought from the accused-appellants under Section 313 Cr.P.C. No evidence was adduced in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial Judge convicted and sentenced the appellants in the manner stated above vide judgment dated 11.12.1993, which is under assail before this court in the instant appeal.

5. After arguing on merits to some extent, learned counsel for the appellants does not wish to press the present appeal in respect of the judgment of conviction passed by the learned trial court and preferred to make submissions on the point of sentence only. He submits that the inci