JUDGMENT

Piggott, J. - This is an appeal by five persons, Kure and his sons Dava, Khimma and Kalu and a caste-fellow and neighbour of theirs named Bhikan, who have been convicted on separate charges of offences punishable under Sections 147 and 323 of the Indian Penal Code and also of an offence punishable u/s 304A of the same Code It is common ground that on the night of the 28tb of November last, being the night following the bathing festival of the Kartiki Puranmashi, there was an affray in the village of Shaudan between two parties of Chamars, in the course of which serious injuries were suffered and inflicted. The first report was made by the prosecution witness Bhaggan Chamar who brought to the Police Station his niece Musammat Kesi, a girl about 10 years of age. Kesi was at that time suffering from serious injuries on the bead and she died shortly after having been sent to the dispensary. Bhaggan himself and his brother Mukkha, father of the girl Kesi, were subsequently found to be suffering from injuries such as might have been received in the course of a lathi fight. On the other side the appellant Kure had received injuries on the head, on the left shoulder and on the left