JUDGMENT

Roy, J. - The Appellants in this case are Chet Ram, his two sons Lal Singh and Joti, and his three nephews Ram Ratan, Dhori and Ganga Ram. They have been convicted and sentenced u/s s. 147, 302/149, 325/149 and 323/149, IPC, the maximum sentence being one of life imprisonment u/s 302/149 IPC.

2. The facts alleged on behalf of the prosecution and supported by the eye witness account of six injured persons, namely, Karan Singh, Chob Singh, Paras Ram, Rup Ram, Budhu and Smt. Javitri, which are not now seriously disputed by counsel for the Appellants, are these. Ram Sarup Had been in cultivation of a plot of land bearing No. 279 in which his house also existed. His family was originally joint with the family of Chet Ram accused. A partition took place between ancestors of Ram Sarup and Chet Ram several years ago and since then the two families had been separate in residence, mess and cultivation. After the partition Ram Sarup and his brothers constructed the present house in their field bearing No. 279 outside the village abadi, whilst Chet Ram and his sons and nephews continued to reside in the village abadi. Adjacent to plot No. 279 there is another plot of land bearing No. 280 which also belongs to Ram Sarup and his brothers and they had been in cultivation of that plot as well. On the morning of 5-6-1954, three of the members of the family of Ram Sarup, namely, Karam Singh, Rup Ram and Paras Ram were actually ploughing plot No. 279 and Ram Sarup and Budhu were picking the roots and stalks in that field. At about 8 a. m. the Appellants along with certain others appeared there armed with lathis. Chet Ram and his nephew called upon Ram Sarup and his men to unyoke the bullocks and he contended that he had a share in the field. Ram Sarup and his men replied that he had no such share and Ram Sarup and his men refused to get out. Thereupon all the accused assaulted Ram Sarup and his men with lathis. Ram Sarup fell down in the field and became unconscious. Karan Singh, Budhu, Rup Ram and Paras Ram also received a number of injuries at the hands of the assailants. On hearing the alarm Chob Singh and Smt. Javitri came to their rescue and they too were assaulted by the assailants. It was said that Chhanga, Gokul, Bola and Kalyan Singh were also present at the time of the assault and on their intervention the assailants left the place.

3. Ram Sarup was taken in a can to the Thana where Karan Singh lodged the first information report without any appreciable delay. A case u/s s. 147 and 323, IPG was registered, and Ram Sarup and the other injured persons were sent to the hospital at Firozabad for medical examination. The injured persons were examined by Dr. Mehrotra on that very day. Ten injuries were found on Ram Sarup,seventeen on Chob Singh, three on Paras Ram, five on Budhu, four on Karan Singh, three on Rup Ram and two on Smt. Javitri. Some of the injuries of Ram Sarup and Budhu were found to be grievous. Ram Sarup succumbed to his injuries on that very date.

4. The post-moretem examination on the dead body of Ram Sarup revealed the following injuries ;

(1) Constused wound 1 1/3"X 1/2" X scalp deep on the right side of top of head.

(2) Haematoma 3" diameter on the right side of head.

(3) Lacerated wound on the middle two fingers of the left hand.

(4) Simple fracture of the left arm bone near its middle under a contusion on the back arm.

(5) Compound fracture of both bones of the left leg under contused wound in front of the leg.

(6) Abrased contusion on the front of right leg.

(7) Diffused irregular contusion about 4" X 3" on the right buttock.

(8) Diffused contusion on the back of right shoulder and shoulder blade.

(9) Diffused contusion on the back of shoulder.

5. The right temporal bone was fractured and this fracture extended upto the base of the scalp. The mid-bone of the scalp was also found fracturned. Death in the opinion of the doctor was the result of shock of the injuries and fracture of the skull bones and congestion and compres