JUDGMENT 1. - The appellants have been convicted and sentenced by the Sessions Judge No. 1, Hanumangarh by his order dated 6,6.85 as under:- S. No. Offence u/sec. Sentence 1. 307/149 I.P.C. 10 years imprisonment and a fine of Rs. 200/- & in default of payment of fine to further R. I. for two months 2. 326/149 I.P.C. -do- 3. 324/149 I.P.C. 3 years R.I. 4. 323/149. I.P.C. 1 year R.I. 5. 364/149 I.P.C. 10 years R.I. and a fine of Rs. 200/- and in default of payment of fine to further undergo R.I. for two months. 6. 452 I.P.C. 3 years R.I. and a fine of Rs. 200/- and in default of payment of fine to further R.I. for two months 7. 148 I.P.C. Two years R.I. 2. The prosecution case, in brief, is that the accused appellants armed with swords, gandasies and lathies came to the house of the injured P. W. 1 Gurmejsingh at about 9.30 p.m. He was living in his 'Dhani' situated in his field. The appellants started hurling abuses, Thereupon, Gurmejsingh asked them to refrain from horuing abuses but they threatened him with dire consequences, more upon he rushed into the house. Jaswant inflicted gandasi blow on his head, His wife Jasvir Kaur P.W. 3 was also assaulted and his daughter Pervinder Kaur P.W. 4 was also belaboured. The accused persons then dragged him and put him away in the trolley of the tractor and drove him away in the Rohi of the village Khunja. The accused persons, then inflicted blows with sharp and blunt weapons. His legs were out from ankle joints and they left Gurmejsingh in the Rohi. Jasvir Kaur, after about an hour, went to the 'Dhani of Jugrajsingh and narrated the occurrence Thereafter she went to the residence of her Jeth, which was at some distance. She along with the son of her Jeth Kuljit went to the police station and lodged the report at 1.15 a.m. on the same night. On her report, a case u/sec. 307, 452, 364, 147, 148 and 149 I.P.C. was registered. Jasvir Kaur had three injuries, which were noticed at the police station and were mentioned in the police proceedings. She was medically examined. Her Kurti (jumper) and Chuni were seized, as both of her clothes were stained with blood. On her report, a case u/sec. 307, 452, 364, 147, 148 and 149 I.P.C. was registered. Jasvir Kaur had three injuries, which were noticed at the police station and were mentioned in the police proceedings. She was medically examined. Her Kurti (jumper) and Chuni were seized, as both of her clothes were stained with blood. Injured Gurmej remined through out the night in the Rohi and in the morning, the police arrived on the spot accompanied with his brother Valisingh and Atmasingh. He was removed to the hospital. Where he was examined. Necessary investigation was conducted and thereafter a charge-sheet was presented only against the six accused-persons and the accused persons were committed for trial and the cognizance was taken against Ratansingh. The learned Addl. Sessions Judge framed necessary charges to which the accused persons pleaded not guilty and claimed to be tried. The prosecution examined Gurmejsingh P.W. 1, Dr. Narendra Godara P.W. 2, Jasvir Kaur P.W. 3, Pervinder Kaur P.W. 4 and Shri Sukhdev Singh A. S. I. P. W. 5. The statement of the accused persons were recorded. The learned Addl. Session Judge after hearing found the appellants guilty of the offences of which they were convicted and sentenced as aforesaid. 3. I have heard Shri M L. Garg learned counsel for the appellants and Shri H. S. Sidhu learned counsel for the complainant and Mr. B. C. Bhansali, learned public prosecutor for the state. 4. Mr. M.L. Garg, learned counsel for the appellants, first of all submitted that Ratansingh has been wrongly tried by the learned Addl. Sessions Judge. Against Ratansingh, no charge sheet was filed by the police but cognizance was taken against him. As submitted that the presence of the accused Ratansingh is rendered highly doubtful if viewed in the light of the police statement of Pervinder Kaur. Pervinder Kaur has not named Ratansingh in her police statement Ex. D 4. Her statement before the court is that she did state the name of the accused Ratansingh as well to the police. It may be mentioned that the Jashwantsingh, Basantsingh, Roopsingh and Ratansingh, all are the sons of Kapoorsingh. It is not her case that she did not know Ratansingh. These accused persons have a 'Dhani' though at some distance from the Dhani of the injured, Gurmejsingh. It may be mentioned that the Jashwantsingh, Basantsingh, Roopsingh and Ratansingh, all are the sons of Kapoorsingh. It is not her case that she did not know Ratansingh. These accused persons have a 'Dhani' though at some distance from the Dhani of the injured, Gurmejsingh. The explanation offered by Pervinder Kaur, is not correct, so the absence of the name of Ratansingh in the police statement of Pervinder Kaur renders the presence of Ratansingh doubtful. On behalf of the prosecution, it is urged that Gurmejsingh and Jasvir Kaur are consistent about the presence of Ratansingh right from the very beginning. His name finds mention in the F.1,R. (Ex. P. 9). His name is stated as Rata S/o Kapoorsingh. When both the injured witnesses clearly stated about the presence of Ratansingh, then his presence cannot be doubted and cognisance was rightly taken against Ratansingh. After careful scrutiny of these submissions it may be stated that Pervinder Kaur is aged 20 years and from her statement it appears that Ratan Singh was known to her. Admittedly the relations between the parties were, inimical. If Ratansingh would have been present at the spot. Pervinder Kaur would have certainly mentioned his name as well, in the police statements, but it is true that the other two injured witnesses named Ratan Singh and there is consistency in their statements, but having regard to the inimical relations between the parties, in my opinion in fact of the absence of the name of Ratan Singh in the police statement of P.W. 4, it would not be proper to place implicit reliance of the version of Gurmejsingh and Jasvir Kaur. A reasonable doubt or suspicion arises, in view' of the police statement of Pervinder Kaur. Challan was also not submitted against Ratansingh by the police. Considering these, in my opinion, the presence of Ratansingh in the company of other accused persons is rendered doubtful and so, Ratansingh deserves to be acquitted of all the offences with which he was charged. 5. So far as the other accused persons are concerned, the story is consistent and have been taken through the statements of the injured witnesses Gurmejsingh, Jasvir Kaur and Pervinder Kaur, 1 find that their testimony is quite credible. 5. So far as the other accused persons are concerned, the story is consistent and have been taken through the statements of the injured witnesses Gurmejsingh, Jasvir Kaur and Pervinder Kaur, 1 find that their testimony is quite credible. Some discrepancies were pointed out by Shri M. L. Garg regarding the weapon of offences in the hands of Jaswansingh, Roopsingh and others with which injuries were inflicted on the person of Jasvir Kaur. According to Mr. Garg her statement does not find corroboration from the medical evidence, Dr. Narendra Godara has stated that Jasvir Kaur had 4 abrasions and two incised wounds, whereas her case is that she was given beating with sharp weapons. Suffice it to say that Jasvir Kaur herself has stated in her cross-examination that she does not know from which sides of the ganadasa and sword blows were inflicted on her. In face of this statement, there does not remain any inconsistency. On that score, her statement cannot be disbelieved. 6. It is also urged that the occurrence has not taken place at the 'Dhani' of the injured. If occurrence and taken place at the 'Dhani' blood would have found in the 'Dhani' but no blood was found and so the prosecution case should not be believed that the occurrence took place at the 'Dhani' I am unable to agree with this submission of the learned counsel for the appellant. The occurrence had took place at about 9.30 p.m. The presence of Jasvir Kaur and Pervinder Kaur at their 'Dhani', was natural. Besides that Gurmej Singh was only wearing Kachha; that also shows, that at the time of occurrence he was at his 'Dhani' and he was removed from his 'Dhani' in that very position, If occurrence would have taken place elsewhere. Some clothes should have found on his person. These circumstances clearly go to show that the occurrence took place at the 'Dhani' as already stated the prosecution case is very categorical and consistent from the very beginning. As regards, the occurrence which took place at the 'Dhani' there are the statements of Gurmejsingh. Jasvir Kaur and Pervinder Kaur corroborated by the medical evidence. Pervinder Kaur was not medically examined as he was given fists and slaps but Jasvir Kaur had sustained injuries which get corroboration from the medical evidence. As regards, the occurrence which took place at the 'Dhani' there are the statements of Gurmejsingh. Jasvir Kaur and Pervinder Kaur corroborated by the medical evidence. Pervinder Kaur was not medically examined as he was given fists and slaps but Jasvir Kaur had sustained injuries which get corroboration from the medical evidence. These witnesses have also said that Gurmejsingh was dragged and was driven away in the trolley of the tractor and was assaulted. The occurrence which took place after his removal from 'Dhani. There is the sole statement of Gurmej singh but his statement gets ample corroboration from the medical evidence. Gurmejsingh sustained in all 18 injuries out of which 11 injuries were by sharp weapon and the rest by blunt object. Out of these injuries, injury No. 1, 2, 4, 5 and 6 were grievous. There were fractures of both the legs at the ankle joints and there was a fracture low left leg and according to the medical evidence, these injuries were sufficient in the ordinary course of nature to cause death. Although, they were not of such a nature which may require recording of any dying declaration. 7. Learned counsel for the appellants submitted that the appellants have been wrongly convicted u/sec. 307 and 364 read with sec. 149 I.P C. There was no intention on the part of the appellants to cause death of the injured Gurmejsingh. If they had so intended, they would have certainly done him away. Only his legs were chopped. So the offence cannot travel beyond sec. 326 IPC. 8. I am unable to agree with this submission of the learned counsel for appellants. It is true that the death could have been caused by the appellants but as many as 11 injuries were caused by sharp weapon including the injuries on the head. Besides that the accused persons left the injured in that condition, in the Rohi, where nobody could attend him. Such an intention can be inferred on the part of the assailants that the unattended injured would die of the injuries. The inimical relations, the number of injuries and the condition in which the injured was left, go to establish the necessary intention on the part of the assailants. In my opinion, therefore, the appellants have been rightly convicted of the offence u/sec. 307, 364 read with sec. 149 IPC. 9. The inimical relations, the number of injuries and the condition in which the injured was left, go to establish the necessary intention on the part of the assailants. In my opinion, therefore, the appellants have been rightly convicted of the offence u/sec. 307, 364 read with sec. 149 IPC. 9. Learned counsel for the appellants further submitted that the sentence awarded to the appellants for the offence u/sec. 307, 326, 364 read with sec. 149 IPC is severe. The appellants have been awarded 10 years rigorous imprisonment on these counts. In the circumstances of the case, in my opinion 6 years rigorous imprisonment would be adequate on these counts. 10. Accordingly, the appeal of Ratansingh is allowed, his convictions and sentences are set aside and he is acquitted of the offences with which he was charged. He shall be released forthwith if not required in any other case. The appeal of the rest of the appellant is allowed in part. Their convictions for the various offences are maintained. However, their substantive sentences for the offences u/sec. 307/149 326, 149 and 364/149 I.P.C. are reduced to 6 years rigorous imprisonment on each count. Rest of the sentence are maintained.Appeal partly allowed. *******