JUDGEMENT

1. This Criminal Appeal under section 374 Cr.P.C. has been filed against the judgment and sentence dated 9.7.2015 passed by XI Addl. Sessions Judge, Bhopal, District Bhopal in S.T.No.579/2012 by which the appellants have been convicted and sentenced for the following offences :-

Section Act Imprisonment Fine Imprisonment in lieu of fine u/s 325/149 I.P.C. R.I. for 1 year each Rs.200/- each R.I. for 1 month each u/s 324/149 I.P.C. R.I. for 6 months each - u/s 323/149 I.P.C. - Rs.500/- each R.I. for 1 month each The sentences shall run concurrently.

2. The facts necessary for disposal of the present appeal in short are that on 7.4.2012 at about 11:30 in the night an FIR was lodged by complainant Ramprakash to the effect that after closing down his tea stall he was coming back to his house. The water tanker was parked in front of his house where his family members and other people were fetching water. At that time, appellant Munna alleged that since he had called the tanker therefore, he would fetch the water. It was objected by the complainant that since the tanker is a Government tanker therefore, everybody would fetch water. Thereafter, appellant Munna started abusing him filthily. At that time, Dinesh, son of complainant, also came on the spot. Ashish, son of the appellant Munna, also came on the spot along with sword and assaulted on the back side of head of Dinesh. Ashish also called his brothers juvenile Rohit and Santosh, who came along with rod whereas Ratnesh and Chaman Bai came along with lathi. When Ramphal, son of complainant tried to intervene then he was assaulted by child in conflict with law namely Rohit and Ratnesh by lathi, as a result he sustained injury on his head. Appellant Munna gave an iron rod blow on the head of Ramprakash whereas Chaman Bai assaulted Ramsakhi by lathi due to which Ramsakhi sustained injuries. Pawan and Rekha also sustained injuries in the incident. Accordingly, on the complaint lodged by the complainant police registered an offence under Sections 294, 307, 34 of IPC vide Crime No.194/12 at Police Station Ashoka Garden, Bhopal. Blood stained clothes of the injured persons were seized by seizure memo vide seizure memo Ex.P/2, P/3 and P/4. Plain earth and blood stained earth were seized by seizure memo vide Ex.P/5. Injured were got medically examined. Spot map was prepared. Accused persons were arrested. On the basis of their information, weapons were seized. The statements of the witnesses were recorded. After completing the investigation, the police filed the charge sheet for the offence under sections 307, 325, 294, 34 of IPC and under Section 25 of the Arms Act.

3. The trial court by order dated 23.5.2013 framed charges under Sections 294, 323/ 149 of IPC for causing simple injury to Ramprakash, Ramphal, Dinesh, Ramsakhi, Pawan and Rekha and under Section 307/149 IPC for making attempt to kill Ramprakash, Ramphal, Dinesh, Ramsakhi, Pawan and Rekha.

4. The appellants abjured their guilt and pleaded not guilty.

5. The prosecution examined Ramprakash (PW-1), Ramsakhi (PW-2), Dinesh (PW-3), Ramphal (PW-4), Rekha (PW-5), Pawan (PW-6), Harnarayan (PW-7), Dinesh Kumar Rathore (PW-8), Kamlesh Rai (PW-9), Komal Singh (PW-10), Ramesh Kaithal (PW-11), Ramveer Baghel (PW-12), Dr. Shamim Ahmad (PW-13), Dr. Mukesh Kumar Soni (PW-14), Shriram Kushwaha (PW-15), Shrikant Tiwari (PW-16), Dr. Ameer Singh (PW-17) and Brijmohan Kushwaha (PW-18). 6. The appellants did not examine any witness in their defence.

7. The trial Court by the impugned judgment and sentence has convicted the appellants for the offences mentioned above.

8. None had appeared for the appellants therefore, this Court after going through the record has heard the counsel for the State.

9. Ramprakash (PW-1) has stated that on 7 April at about 10 pm he was coming back to his house after closing down his tea stall. Near his house, one Govt. water tanker was parked and his family members were fetching water. Appellant Munna