The intention of the accused appellants to murder Janki, the wife of Sukhi, punishable under Section 307 IPC, could not be established beyond a reasonable doubt.

Deoki Nandan, J.

1. THERE are six appellants in this case. All of them have been convicted under Section 307 read with Sec. 149 IPC for having assaulted Janki. Chandrapal and Liladhar appellants have further been convicted under Section 148 I. P. C. for being armed with spears. Gajram, Makhan, Bhawani and Naikoo, appellants were further convicted under Section 147 IPC. The sentence awarded by the learned Sessions Judge was seven years' R.I. for the convicting under Sec. 307/149 IPC to each of the six appellants, three years' rigorous imprisonment to Chandra Pal and Liladhar appellants for the offence under Section 148 IPC and one year's rigorous imprisonment to Gajram, Makhan, Bhawani and Naikoo each for the offence under Section 147 IPC. All the sentences have been ordered to run concurrently.

2. THE prosecution case as unfolded in the first information report lodged by Sukkhi was that he had a field having an area of 3-1/2 bighas at ganda nala of the village. He had sown lahi. On the date of occurrence, viz. January 13, 19/0 at about 8-9 A. M. Gajram, appellants, was reaping the harvest of lahi. The complainant, Sukhi, asked him to desist from doing so saying that he (the complainant) had won the case with regard to the land and even then why was he (Gajram, appellant) reaping the harvest, whereupon he (Sukhi, the complinant) was abused and Makhan, Chandrapal and Gajram started beating him with spears and lathis. On his raising alarm Bhawani, Liladhar and Naikoo came with lathis for the help of the appellants while the complainant's wife, Janki, son Ramesh and cousin brother Chiranji came for defending the complainant. On this all the appellants beat him (the complainant) and his family members with lathis and spears. His wife and son were unconscious and he had brought them on a bullcok cart even in that unconscious stage. He lodged the first information report. His cousin brother Chiranji was at home. The first information report proceeds to state that the complainant's men had also wielded lathis which caused injuries to Gajram and Makhan. The complainant's wife and son and cousion brother Chairanji had a number of injuries on their persons. The occurrence was seen by Bhawani Dhimar and Om Prakash etc. The appellants were all Ahirs and influential persons. The police registered a case under Sections 147/148/323/324 and 308 IPC and took certain clothes of the injured into custody. The injured were examined by Dr. D. S. Shukla, Medical Officer in Charge at Chandausi on the same day. He found eight injuries on the person of Ramesh and one contused wound 3" X 1/4" X scalp deep on the left side head 3" above right ear on the person of Janki, wife of Sukhi. This injury was bleeding at that time. The doctor also found fifteen injuries on the person of Sukhi and seven injuries on the person of Chiranji. There is a supplementary medical report in the case of Sukkhi according to which three fractures were discovered on the result of X-Ray, of which the third injury was grievous.

After the necessary investigation by the police and inquiry proceedings by the learned Magistrate, all the appellants were charged under Sections 147, 307 read with Section 149 IPO of the appellants Chandra Pal and Liladhar were additionally charged under Section 148 IPC.

3. IN his examination by the Magistrate, while denying the facts, Gajram stated that the land belonged to panchayat which he had sown and there was an affray thereon. The appellant Makhan added that the cause of the INstitution of the prosecution was the cultivation of panchayat land. Chandra Pal appellant gave the cause of institution of the prosecution as enmity and panchayat land. Bhawani ' appellant also added that the cause of the institution of the prosecution was the panchayat land. But he further added that the panchayat land was first sown by Gajram appellant and then sown by Sukhi, complainant and this dispute between the two was going on for two years. The lahi was ripe.