JUDGMENT 1. - This appeal of Jeewan Dan and 5 others is directed against the judgment of the Additional Sessions Judge, Sikar, dated December 21,1973 whereby the learned judge found the appellants guilty of offences noted against the name of each one of them and sentenced to different terms of imprisonment as given below, - 1. Jeewan Dan u/s 302 IPC imprisonment for life. u/s 147 IPC two years' rigorous imprisonment. u/s 325 IPC three years' rigorous imprisonment and a fine of Rs. 100/-., in default whereof to further undergo one month's rigorous imprisonment. u/s 323 IPC One year's rigorous imprisonment. 2. Ram Chander u/s 302 read with sec. 149 I.P.C. imprisonment for life. u/s 147 IPC two years' imprisonment u/s 325 IPC three years' imprisonment and a fine of Rs. 100/-, in default whereof to further undergo rigorous imprisonment for one month. u/s 323 IPC one year's rigorous imprisonment. 3. Tejdan u/s 302 read with sec. 149 IPC Imprisonment for life u/s 325 IPC read with section 149 IPC three years' rigorous imprisonment, and a fine of Rs. 100/-, in default whereof to further undergo rigorous imprisonment for one month. u/s 148 IPC three years' rigorous imprisonment. u/s 323 IPC one year's rigorous imprisonment 4. Jesa Ram u/s 302 read with sec. 149 IPC imprisonment of life. 5. Bhiwan Ram &) 6. Jodha Ram ) u/s 325 read with sec. 149 IPC three years' rigorous imprisonment and a fine of Rs. 100/- in default whereof to further undergo rigorous imprisonment for one month. u/s 147 IPC two years' rigorous imprisonment. u/s 323 IPC One years' rigorous imprisonment. All the substantive sentences awarded to the accused persons were ordered to run concurrently. The learned Additional Sessions Judge, however, acquitted all the accused persons of the offence punishable under section 324 IPC. 2. The case of the prosecution was that on August 25, 1972, when Ghasi Ram and his son Ladhu Ram P.W. 3 were sitting in their agricultural field and enjoying smoking just before the sun-set, the party of the accused came to their filed armed with Lathis and Pharsas and tried to make a way out of that field by throwing their thorn fencing. When Ghasi Ram objected to their making a way in his field, it is said, that they all belaboured him inflicting as many as 17 injuries the existence whereof is found at the time of the post-mortem examination. The injuries of Ghasi Ram are given as below, - 1. Contusion 3" x 1" on the right scapular region. 2. Contusion 6" x 1" below the left scapula. 3. Contusion 31/2" x 1" on the back of right upper arm in the middle. The discretion revealed a fracture of the shaft of the humerus bone under injury No. 3. 4. Contusion 21/2" x 1'-' on the lateral side of right elbow. 5. Abrasion 1" x 1/2" on the back of right elbow. 6. Linear abrasion 4" long on the back of the right fore-arm in the middle. 7. Contusion 2" x 1" on the lateral side of right fore- arm in the middle. 8. Incised wound 11/2" x 1/4" x muscle deep on the front of the right leg in the middle, placed vertically. 9. Incised wound 1" x ⅛" x ⅛" about 3" above injury No. 8, placed vertically. 10. Lacerated wound 11/2" x 1/2" x bone deep on the front of right leg upper ⅓rd. There was fracture of the tibia and fibula bones under this injury, and the lower part of the upper fragment was projecting out of the wound; 11. Two lacerated wounds 1" x ⅛" x 1/4" each on the front of right leg near the tibial tuberosity. 12. Contusion 2" x 1" surrounded by the diffused swelling on the lateral side of the left forearm. Dissection showed fracture of the lower end of the radious bone. 13. Lacerated wound 1/4" x 1/10" x ⅛" on the pulp of the left thumb near the nai1. 14. Lacerated wound 1" x 1/4" x 1/4" on the lateral side of the left thigh upper 1 /3rd. 15. Contusion 3" x 1" on the lateral side of left leg upper part. 16. Incised wound 1" x 1/4' x muscle deep on the front of left leg below the tibial tuberosity placed vertically. 17. Lacerated wound 11/4" x 1/2" x 1/2" on the front of left leg upper one-third. 3. Ladhu Ram PW 3. was also given beating and he also sustained the following 13 injuries, - 1. Contusion 2"1/2" x 1" on the left Shoulder. 2. 17. Lacerated wound 11/4" x 1/2" x 1/2" on the front of left leg upper one-third. 3. Ladhu Ram PW 3. was also given beating and he also sustained the following 13 injuries, - 1. Contusion 2"1/2" x 1" on the left Shoulder. 2. Abrasion 1/2" x 1/2" on the lateral side of left elbow. 3. Lacerated wound 1/2" x 1/10" x 1/4" on the back of left elbow with diffused swelling all around. 4. Contusion 21/2" x 1" on the back of left fore-arm, upper part. 5. Contusion 2" x 1" on the back of left hand. 6. Cortusion 3" x 1" on the lateral side of left thigh upper one-third, 7. Contusion 31/2" x 1"; one inch below injury No. 6. 8. Contusion 51/2" x 1" on the lateral side of left thigh in middle. 9. Contusion 31/2" x 1" on the antero-lateral aspect of left leg middle. 10. Lacerated wound 3/4" x 1/10" x ⅛" above the left ankle with swelling. 11. Abrasion 1" x 3/4" on the medial side of the right knee. 12. Abrasion 1/4" x 1/4" on the back of the proximal phalanx of left middle finger and root of left ring finger and not of left little port ion. 13. Contusion 31/2" x 1" on the lateral side of right thigh, upper portion 4. Ghasi Ram died, while he was being taken from the field to the village. A report, Ex. P.4, was soon after lodged at the Police Station, Nechhwa, naming all the six accused persons as the assailants of the deceased and the injured Ladhu Ram. 5. Dr. B.P. Jangid, Medical Jurist posted at S.K. Hospital, Sikar, (PW 11) conducted the post-mortem examination on the dead body of the deceased and found that the injuries noted above were not caused on any vital part of the body of Ghasi Ram but injury No. 2, which was a contusion 6" x 1" below the left scapula, proved fatal because of the fracture of 5th, 6th and 7th ribs posteriorly and the left long being punctured on the posterior part on account of the fracture of the ribs. In the opinion of the doctor, death of Ghasi Ram was caused due to shock and haemorrhage as a result of external injury No. 2 with its internal effect leading to lung injury. Similarly, except the fracture of fibula bone, the injuries on P.W. 3. In the opinion of the doctor, death of Ghasi Ram was caused due to shock and haemorrhage as a result of external injury No. 2 with its internal effect leading to lung injury. Similarly, except the fracture of fibula bone, the injuries on P.W. 3. Ladhu Ram were found to be simple and were caused on non-vital parts of his body. 6. All the six persons were challaned for various offences including the offence under section 502 read with section 149 IPC. The learned trial Judge, after the trial, found Jeewan Dan guilty of offence under section 302 IPC simpliciter, and also of offices under section, 323 and 147 IPC while, others were fond guilty for offence under section 302 read with section 149 IPC and other offence as mentioned above. Different terms of imprisonments and fines were, however, imposed by the learned trial court for different offences, but except Jeewan Dan each of them sentenced to undergo imprisonment for life for offence under section 302/149 IPC. It is against the judgment that the present appeal was filed by all the six-accused-appellants. 7. Shri Bhim Raj Purohit appearing on behalf of the appellants confined his argument only to this aspect of the case that even if the findings of fact as recorded by the trial court are accepted to be correct, the offence does not travel beyond culpable homicide not amounting to murder punishable under section 391, part 2, of the Penal Cade. He did not address the court on the question of conviction under other different sections. 8. This fact is obvious that the injuries inflicted on the persons of the deceased as well as on Ladhu Ram on the non-vital parts of their bodies and the injuries as detected by the doctor were all simple except injury No. 2 in case of Ghasi Ram and the fracture of fibula on Ladhu Ram. The nature of the injuries sustained by the deceased and the injured Ladhu Ram indicate that the object of the assailant party could not be to commit murder of any one of those who were beaten by them. The nature of the injuries sustained by the deceased and the injured Ladhu Ram indicate that the object of the assailant party could not be to commit murder of any one of those who were beaten by them. It they wanted to commit murder, then they could have given the beating by aiming the blows a the vital parts of the body as well as by using force which could cause grievous injuries It appears that it was a matter of chance that injury No. 2 on the body of Ghasi Ram caused fracture of the three ribs which caused further injury in the left lung of the deceased. 9. The cause of death, as described by the doctor, is shock and haemorrhage on account of injury No. 2 only. The medical evidence dots not show that the shock was on account of the cumulative effect of fall the injuries sustained by the deceased. In these circumstances, the case in our opinion, does not fall within the ambit of part thirdly of section 300 I.P C. It is a pure case of culpable homicide not amounting to murder punishable under section 304 part 2 of the I P C. 10. The learned Public Prosecutor, on the other hand, placing reliance on an authority of the supreme Court in State of Andhra Pradesh v. Rayayarau Punnavya and another, A.I.R. 1977 Supreme Court 45 , urged that, looking to the number of the injuries sustained by the deceased, the accused person could be conveniently convicted under section 302 read with section 149 I.P.C. In the case, the cause of death was shock on account of cumulative effect of the injuries but in the present case, we find that the doctor is definitely of opinion that the shock was caused on account of injury No. 2 and not on account of any other injury and therefore, on facts, the authority cited by the learned Public Prosecutor is distinguishable. 11. We, therefore, modify the judgment of the trial court and set aside the conviction of all the accused-appellants under section 149 I.P.C and instead convict each one of them for offence under section 304 part 2 read with section 149 I.P.C. The conviction of the accused-persons in other offences are however maintained and the sentences awarded under these offences are also upheld. 12. 12. Jeewan Dan has been convicted of an offence under section 302 IPC simpliciter. Both the witnesses Chuna Ram P.W. 1, and Ladhu Ram P W 3, state that as soon as the fight started, Jeewan Dan dealt the first blow on the "magra". This term "magra" is interpreted by learned counsel for the appellant as back of the deceased. We find that there are two injuries on the back of the deceased and therefore it is difficult to say that the injury which proved fatal was caused by Jeewan Dan alone. Unfortunately the injury below the scapula caused fracture and was therefore found to be fatal which caused the death of the deceased Ghasi Ram. It is not the case of the prosecution that Jeewan Dan again belaboured the deceased on his back. Therefore, the single blow, which was responsible for the death of Ghasi Ram, cannot be taken to have been inflicted by Jeewan Dan. We are, therefore, of opinion that conviction of Jeewan Dan under section 302 IPC simpliciter cannot be maintained. He is also, therefore, convicted u/s 304 part 2 r/W section 149 IPC. 13. Looking to the number of the injures sustained by the deceased as well as by the injured, we cannot but come to the conclusion that the beating was merciless and therefore, even though, they cannot be convicted under section 302 read with section 149 IPC., the accused persons deserve deterrent punishment. We, therefore, award 7 years' rigorous imprisonment to each one of them under section 304 part 2 I.P C. 14. The appeal is, accordingly, allowed in part.Appeal partly allowed. *******