Honble K.C. SHARMA, J.–This criminal appeal by 12 accused appellants arises out of the judgment and order dated 30.7.2001 passed by the learned Sessions Judge, Sawaimadhopur, by which the learned Judge has convicted and sentenced the appellants in the following manner:

Under Section 148 IPC :

To undergo 2 months rigorous imprisonment each

Under Section 302, in the alternative under Section 302/149 IPC :

To undergo life imprisonment with a fine of Rs. 5000/- each, in default of payment of fine, each to further undergo two months simple imprisonment

Under Section 326, in the alternative under Sec. 326/149 IPC

To undergo 3 years rigorous imprisonment with a fine of Rs. 2000/- each, in default of payment of fine, each to further undergo one months simple imprisonment

Under Section 325, in the alternative under Section 325/149 IPC

To undergo 2 years rigorous imprisonment with a fine of Rs. 2000/- each, in default of payment of fine, each to further undergo one months simple imprisonment

All the sentences were ordered to run concurrently.

(2). The facts leading to the present appeal are that on 17.10.1999 the police recorded Parcha Bayan of Katol alias Gauri Shanker in General Hospital Sawaimadhopur, wherein he stated that on the day of incident i.e. 17.10.99 at 5.30 PM he along with Rambilas, Ramkalyan, Daulatram and Mool Chand father of the complainant was sitting at the well. In the meantime, Mst. Kamla wife of Ramkalyan came to fetch water at well known as Baman- wala. Accused Asharam and Murari Sons of Bajranglal, Babu S/o Rati Ram, Bhartlal S/o Babu, Moolchand, Shyoji S/o Harji, Ratan S/o Harji, Phool Karan S/o Chatru, Harphool S/o Bharta, Mulya S/o Rati Ram, Hanuman S/o Mulya duly armed with lathi, gandasi and Kulhadi came from the well of Asharam. It was alleged that accused Asharam and Mulya Ram were armed with Gandasi, while Harphool and Phool Karan were armed with Kulhadi and rest of the accused were armed with lathis. The accused persons, in order to kill them, opened attach and started belabouring hem. Accused Asharam inflicted a gandasi blow on the mouth of Rambilas, as a result of which his lip was cut and teeth were broken, while accused Mulya inflicted a gandasi blow on the head of Rambilas. Accused Harphool inflicted Kulhadi blow on the hand and head of Ram Kalyan, while Phool Karan inflicted axe blow on the head and hand of Daulat Ram. Rest of the persons caused injuries on the head and shoulders of complainant. The house and cry attracted the attention of Mst. Kamli who came running from the well, but the accused persons did not spare her and inflicted injuries to her also. Mst. Lata W/o Rambilas also came at the scene, but she too was given beating. Ultimately, having seen the villagers, the accused persons escaped from the place of incident. Thereafter all the injured left for hospital in a Jeep of one Hajari Mali. It was stated that except complainant, the condition of other injured was precarious.

(3). On the basis of aforesaid Parcha Bayan, the police registered a case against the accused persons for offence under Sections 147, 148, 149, 323, 324 and 307 IPC vide FIR No. 323/99 and proceeded with the investigation. In the course of investigation injured Ram Kalyan succumbed to his injuries and accordingly Section 302 IPC was added. Considering the nature of injuries, the police further added Sections 325, 326 and 379 IPC. Having completed investigation, the police submitted a charge sheet against the accused persons in the Court of learned Magistrate. The learned Magistrate having found the offence exclusively triable by the Court of Sessions, committed the case of the Court of Sessions.

(4). On the basis of evidence and material collected during investigation and after hearing arguments, the learned Trial Court framed charges. The accused denied the charges and claimed trial.

(5). In order to prove its case, the prosecution examined as many as 24 witnesses and got exhibited 79 documents. AFter the prosecution evidence w

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