N.K. JAIN, J.—This appeal is directed against the judgment of learned Sessions Judge, Merta dt. 26-6-79 whereby he convicted and sentenced the appellants as follows with a direction that all the sentences shall run concurrently: —

Sanwata Ram, Ramkaran, Jeetu Ram, Moolaram :

U/s. 148 IPC and sentenced to 1 years R.I. and u/s. 326 read with Sec. 149 IPC sentenced to 3 years R.I.

Deo Karan :

U/s. 148 IPC and sentenced to 1 years R.I. and u/s. 307 IPC. sentenced to 5 years R I. and u/s. 326 IPC sentenced to 5 years R.I.

3. Brief facts of the prosecution case are that one Tejaram lodged a report with an allegation that in the night intervening 11th and 12.07.1978 while he and Dala Ram were sleeping in the Gadal. Five accused persons gave beating to Dalaram with axe and Pharsies, as a result of which Dala Ram had received injuries. On this police registered a case and started investigation. The injured was medically examined by Dr. Pratap Singh who found five injuries and prepared injury report Ex. P. 2. The accused appellants were arrested and at the instance of accused Pharsies and Kulharies were recovered. After usual investigation police submitted a challan before the learned Magistrate

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