JUDGMENT

S.I. Jafri, J. - Sheonath Singh, Latooir Singh, Kishori Singh, Harkaran Singh and Nathoo Singh have filed this appeal against their conviction and sentence recorded by Sri Arjan Dev, III Addl. Sessions Judge, Moradabad, by bis judgment and order dated 31-3-1978 in sessions trial No. A-276 of 1974. Sheonath Singh and Latoor Singh Appellants were convicted under Sections 148 IPC, 302/149 IPC, 324/149 IPC, 325/149 IPC and 323/149 IPC and they were sentenced to undergo 2 years, life imprisonment, 2 years RI, 4 years RI and 6 months RI respectively. Kishore Singh and Nathoo Singh were convicted under Sections 147 IPC, 302/149 IPC and 324/149 IPC and were sentenced to undergo to one year's R.I., life imprisonment, four years RI and 6 months RI respectively. Co-accused Zora Singh, Karan Singh, Harkesh, Kaley Singh, Sallu Singh, Jhaoo Singh and Chhotey Singh were also tried along with the Appellants but they were acquitted by the trial Court.

2. Out of the aforesaid accused persons Sheo Nath Singh, Latoor Singh, Sallu Singh and Karan Singh were armed with guns whereas Harkaran Singh, Jhaoo Singh and Chhotey Singh were said to have been armed with Tabal and the remaining accused were armed with lathis. The Appellants belonged to village Rahupura-Ghosipura, P.S Bhagatpura, District Moradabad. The complainant also lived in the same village. The Appellants are collaterals which is clear from the pedigree given below:

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3. In brief, the case of the prosecution is that on 24th August, 1973 at about 5 P.M. Genda Singh PW 4 was at his Chari and Urd field situated at a distance of about a mile from his village and at that time four she buffaloes belonging to Nathu Singh Appellant, were grazing the crop of Genda Singh and Nathu Singh was standing nearby. Genda Singh took exception to the act of Nathu Singh and protested whereupon an altercation took place and Nathu Singh left the field threatening him to give lesson and went towards his village. The case of the prosecution further is that after about an hour, Genda Singh drove the aforesaid four buffaloes towards his village in order to take them to the cattle pond. When he reached in front of the house of Jhaoo Singh at about 5 PM. all the 12 accused named above who were standing near the house of Jhaoo Singh surrounded him and started beating him. On the alarm raised by Genda Singh, his son Roshan Singh (deceased) Vikram Singh, Sardar Singh, Chhida PW 5, Ram Chandr PW 3, Sukhram, Zafar, Rupa, Hem Raj Singh reached there to save him, whereupon the accused also caused injuries to them.

4. In this assault Genda Singh PW 4, Ram Chandra PW 3, Roshan, Vikram and Brijendra had received injuries. Roshan Singh had become unconscious on receiving the injuries. The accused after causing injuries and snatching the cattle had run away from the place of occurrence and Genda Singh along with the injured persons came to his house. Shortly, thereafter, Ram Bux Singh PW 2 the brother of Genda Singh returned from the jungle at the house of Genda Singh and he after ascertaining the facts of the occurrence from the injured left for the police station for lodging the FIR but he came back to his house apprehending danger from the side of the accused who had blocked the way to the police station. The injured remained in the house of the complainant without any medical aid during the night. Next morning Ram Bux Singh took all the injured to Moradabad by train and while going on rickshaw in the City of Moradabad to police station Kotwali for lodging the report, he got the report of the occurrence typed by a typist on a shop on the way at Ghurhatti crossing and, thereafter, he reached the police station Kotwali where he handed over the report at 11.05 A.M. to the police costable Jai Narain PW 6 who prepared the chik report and also registered a case u/s 307/147 IPC against all the 12 accused. The injured were sent from the P.S. Kotwali to the District Hospital, Moradabad where they were examined betw