K.S. LODHA, J.—This revision has been filed by eight accused persons against the judgment of the learned Addl. Sessions Judge, Sirohi dated September 20, 1980 by which their appeal against the judgment of the learned Judicial Magistrate, Sirohi dated 2. 8. 78 had been partly dismissed.

2. In view of the short contention raised before me by the learned counsel for the petitioners, I shall state the facts of the case in very brief. According to the prosecution case, on 3. 12. 74, at about 10.00 A. M. injured Deepa was going towards his house. When he reached near Harjis house, he saw Harji, Naga, Sonia, Hariya, Daula and Udia sitting there with lathis in their hands and on seeing him, Daula gave a lathi blow on his back. Then, Harju followed. Deepa started running, as a result of which his bale of rijke and his turban fell down. He entered his house. At that time one of the accused Daula said that he was running away, he should be killed and that he(Daula) will bear the expenses. Thereupon, Sonia, Nagiya, Harji, Daniya and Sadiya entered the house of Deepa following him and there, Nagga gave an axe blow on his left knee and Sonia gave a Dhariya blow on his right leg. Harji gave a lath

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