JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Deepak Rana, learned counsel for the appellants and Sri Sunil Kumar Tripathi, learned A.G.A. for the State.

2. This criminal appeal has been filed against the judgment and order dated 26.04.1988 passed by VIth Additional District and Sessions Judge, Ghaziabad, in Sessions Trial No. 94 of 1986, State of U.P. vs. Khandar Singh and Others, arising out of Case Crime No. 19A of 1982, under Sections 147, 323, 324, 325, Police Station-Babugarh, District-Ghaziabad.

3. By the impugned order, the appellants Khandar Singh, Bir Singh, Sukhbir Singh, Rishi Pal Singh, Shri Pal Singh and Smt. Phoolwati were convicted under Sections 147, 323/149, 324/149 and 325/149 IPC and sentenced under Section 147 IPC for one year’s rigorous imprisonment, under Section 325/149 IPC for two years’ rigorous imprisonment and Rs. 2000/- as fine, in default of payment of fine six months’ rigorous imprisonment, under Section 324/149 one year’s rigorous imprisonment and under Section 323/149 three months’ rigorous imprisonment. The period of sentence in each sections will run concurrently.

4. During pendency of appeal accused Khandar Singh, Rishi Pal Singh and Smt. Phoolwati died and appeal qua them has been abated. This criminal appeal is being disposed of only against accused-appellants Bir Singh, Sukhvir Singh and Shri Pal Singh.

5. The prosecution case in brief is that informant Kartar Singh son of Dev Raj Singh resident of village Dadayara, Police Station Babugarh, District Ghaziabad submitted written report (Exhibit Ka-1) to the effect that on 19.01.1982 between 8 and 9 a.m. accused-appellants Khandar Singh son of Nathu Singh, Bir Singh, Sukhbir Singh, Rishi Pal Singh, Shri Pal Singh, all sons of Khandar Singh and Smt. Phoolwati wife of Khandar Singh assaulted Janam Singh son of Bhulwa, Manveer son of Janam Singh, Lakhpat son of Umrao, Devi Sharan, Sardar Singh and Kartar Singh all sons of Dev Raj, with lathi, Bulli, Tabal and Garasa due to dispute about agricultural land. The witnesses Shyam Singh son of Deeva, Netra Pal son of Kale, Hoshiyaar Singh son of Sallarh, Ramvilas son of Arjun, Har Narayana son of Inder, who were present on the spot, protected the injured from being assaulted. On the basis of written report of Kartar Singh, Case Crime No. 19-A of 1982 under Sections 147, 323/149, 324/149 and 325/149 IPC was registered on 19.01.1982 at 10.50 p.m. The Chik FIR (Exhibit Ka-11) and G.D. relating to institution of the criminal case are on record. The medical examination of injured Kartar Singh, Sardar Singh, Lalloo, Janam Singh and Manveer Singh was done at PHC Hapur. Their injury reports are Ext.Ka 5, Ext.Ka 6, Ext.Ka 7, Ext.Ka 8, Ext.Ka 9, respectively. The injuries were found on various parts of their body. The x-ray of injured Kartar Singh, Sardar Singh, Janam Singh and Laloo was done at MMG Hospital Ghaziabad by Dr. Gyanendra Kumar, Radiologist. He prepared x-ray report of the injured. According to X-ray report of Sardar Singh, Ext.Ka 2, fracture in acromion process of scapula was seen. According to x-ray report of Janam Singh Ext.Ka 3, fracture in his nasal bone was found and according to x-ray report of Lallu, Ext.Ka 4, fracture in shaft of ulna bone was seen. The fractures were found in the body of injured Sardar Singh, Janam Singh and Lallu. Section 325 was added with the Case Crime No. 19A of 1982.

6. The investigation was done by the Sub-Inspector Hardwari Lal and later on by the Sub-Inspector Gajraj Singh. The Sub-inspector Hardwari Lal visited the place of occurrence and prepared the site plan, Ext.Ka 10. Subsequently, the Sub-Inspector Gajraj Singh recorded the statement of witnesses and after investigation filed charge-sheet under Sections 147, 323/149, 324/149 and 325/149 IPC against the accused appellants Khandar Singh, Bir Singh, Sukhbir Singh, Rishi Pal Singh, Shri Pal Singh and Smt. Phoolwati.

7. On the criminal case being committed by Judicial Magistrate-I, Hapur, the Sessions Court framed char