S.S. BYAS, J.—Since these two appeals- one by the State and the other by the convicted persons-are directed against one and the same judgment of the learned Sessions Judge, Balotra dated December 20, 1979, they were heard together and are decided by the single judgment. By the judgment aforesaid, the learned Sessions Judge acquitted the accused Sawai Singh and convicted and sentenced the four appellants as under:-

S. No.

Name of accused u/sec. Sentenced imposed

1. Sabal Singh 302,302/149

I.P.C. Imprisonment for life with a fine of Rs. 500/- in default of payment of fine to further undergo four years rigorous imprisonment.

148, IPC Two years rigouous imprisonment and a fine of Rs. 1000/- in default of the payment of fine to further undergo six months like imprisonment.

2. Sagat Singh 302/149, IPC Imprisonment for life and a fine of Rs. 3000/-, in default of the payment of fine to further undergo rigouous two year imprisonment.

147, IPC Rigouous imprisonment for one year and a fine of Rs. 500/- in default of the payment of fine to further undergo four months rigorous imprisonment.

3. Chandan Singh 302/149, IPC Imprisonment for life and a fine of Rs. 3000/- in default of the payment of fine to further undergo two years rigouous imprisonment.

147, IPC Rigouous imprisonment for one year and a fine of Rs. 500/-, on default of the payment of fine to further undergo four months like imprisonment.

4. Koopsingh 302/149, IPC Imprisonment for life and a fine of Rs. 3000/-, in default of the payment of fine to further undergo two years rigouous imprisonment.

147, IPC Rigouous imprisonment for one year and a fine of Rs. 500/- in default of the payment of fine to further undergo four months like imprisonment.

2. The State has come-up in appeal against the acquittal of accused Sawai Singh while the accused persons have taken the appeal to challenge their convictions and sentences.

3. At about 2.45 A.M. on August 22, 1977, PW 6 Padam Singh appeared at Police Station, Chauhtan (district Barmer) and presented written report EX. P 11. It was stated therein that at the dinner time on the preceding day (August 21, 1977), PW 2 Suratsingh came to him at his house and informed him that his brother Bhanwar Singh had been assaulted and belaboured by the accused Sabalsingh, Sagatsingh, Sawai Singh, Balwantsingh, Koopsingh and Chandan-singh in his field situate nearly a mile away from village Doodwa. Accused Sabal Singh had a Kassi while the others had lathies. The beating resulted in some severe injuries to Bhanwarsingh and he was lying in injured condition on the spot. It was further stated therein that on receiving this information from Suratsingh (PW 2), he (Padamsingh) went with some persons to the spot and found his brother Bhanwarsingh lying in an injured condition. There were multiple injuries on his body from which blood was oozing. His clothes were drenched with blood. Bhanwar Singh had not died till then and was able to talk. On being asked, he told that he was assaulted and belaboured by the above six culprits. After some time, Bhanwar Singh passed away on the spot. The police registered a case under secs. 302, 147, 148 and 149 of the Penal Code. The usual investigation ensued. The investigating officer Uttam Singh (PW 17) arrived on the spot at about 9.15 A.M. on August 22, 1977. He inspected the site and prepared the inquest report of the victims deadbody. Blood found on the spot was lifted and sealed. The autopsy of the victims deadbody was conducted at about 1.00 P.M. on August 22, 1977 by PW 10 Dr. Jugal Kishore, then Medical Officer Incharge, Primary Health Centre, Chauhtan. He noticed the following injuries on the victims deadbody:-

External:

(1) Incised wound 3/4" x 1/2" x 1/2" lateral aspect of left arm.

(2) Incised wound 3/4" x 1/2" x 1/3" left post auricular region.

(3) Incised wound 2-3/4" x 3/4" x 1/2" occipital region.

(4) Abrasion 1" x 1/4" left shoulder posterior aspect.

(5) Bruise \" x 5" posterior aspect lateral aspect of left arm.

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