JUDGMENT :- The appellant Mangat and his son Kanwla have been convicted of an offence punishable under the first part of Section 304, P. C. and sentenced to ten years' rigorous imprisonment by an Additional Sessions Judge of Meerut. The prosecution case was that, while Khazan deceased was sitting and smoking in front of his house, near a well, on 11-9-1963, at about 4 p.m., in village Silana, the two appellants, together with Prakash and Jadubira, two other sons of Mangat who were tried together with the appellants but acquitted, came along and attacked Khazan with lathis. On the intervention of Jagpal (P. W. 1), and Jagdish (P. W. 5), the two sons of Khazan, and Khanno (P. W. 6), the wife of Khazan, these three were also beaten. The injuries on the body of Khazan were serious and resulted in his death.

2. On 13-9-1963, Dr. Nahar Singh (P. W. 13), performed the post-mortem examination on the body of Khazan, and he found 14 injuries which included two very serious injuries on the head causing internal fractures on the parietal bones. There were also other injuries on the shoulder and the chest showing that the head was aimed at. The cause of death was put down as shock and haemorrhage resulting from the injuries. On 12-9-1963, at 7.55 p.m. Dr. R. L. Chopra, Medical Officer, Baraut, had examined Jagdish P. W. 5, and found six injuries which consisted of one on the head, one on shoulder, two on the back, one on the face and one on the left leg. These injuries indiciated that the assailants were strong enough to drive back Jagdish who sustained two injuries on his back. Soon after that, he examined Smt. Khanno (P. W. 6) and found one scabbed abrasion 5/8" x 1/4" on her right thigh. He also examined Jagpal (P. W. ) at about the same time, and found a contused wound on the right scalp 3½" above the right ear. The approximate duration of these injuries was given as 26 hours. This brings the time of occurrence to nearly 5 p.m on the previous day which is near enough when compared with the time estimated by the prosecution witnesses as about 4 p.m. on 11-9-63. The F.I.R. lodged by Jagpal (P. W. 1) at Police Station Chaprauli, three miles from village Silana, gives an account of the occurrence. It also mentioned that Jagpal and his brother had plied lathis in self-defence. It disclosed that the occurrence was seen by Baldeo (P. W 3), Mangey (P. W. 4), Girwar (P. W. 12), Risala (P. W. 8) and Kashi Ram Pradhan (not produced).

3. The defence version, sought to be established through the evidence of Daya Chand (D. W. 2), the brother of Girwar (P. W. 8), was that Mangat came to the well to draw water where Khazan deceased and Jagdish (P. W. 5) and Jagpal (P. W. 1) were present already with lathis. It was alleged that Khazan started abusing Mangat and told him not to draw water from the well situated on Khazan's land, whereupon Mangat protested and said that the well was joint. Khazan, Jagpal, and Jagdish are alleged to have been attacked Mangat with lathis. In the meantime, Kawnla, appellant, is also said to have reached there and plied his lathis in self defence. According to Daya Chand ( D. W. 2), Mangat had also picked up a 'Denda' lying near the well and used it to defend himself Mangat was said to have brought only a bucket although no bucket was found there. Daya Chand admitted that relations between Khazan deceased and Mangat were strained for a year or two before the occurrence. He also stated that he jumped "in the midst of the Marpit", that Mangat was given 5 to 7 blows by Jagdish, and that Jagpal and Kanwla had received 4 or 5 blows where as Khazan had received only 2 to 3 lathi blows and the wife of Khazan had been merely pushed. But, Daya Chand had no injuries. The injuries proved on the body of Mangat, appellant, by Dr. D. S. Kapoor, who examined him on 14-9-63, were two contused wounds on the head, two scabbed abrasion on the forehead, and another scabbed abrasion on the right eyebrow. At about the same time, Dr. D. S. Kapoor

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