JUDGMENT 1. - This is an appeal against the judgment dated 23.7.87 passed by the Additional Sessions Judge No. 1 Bharatpur, convicting and sentencing the appellants as under : Ram Singh U/s 302 IPC - Life imprisonment and a fine of Rs. 500/-, in default, two months' R.I. U/s 307 r/w 34 IPC - 5 years' R. I. and a fine of Rs. 250/-, in default, one month's R.I. Mohar Singh U/s 302 r/w 34 IPC - Life imprisonment and a fine of Rs. 500/-, in default of payment of fine, 2 months' R.I. U/s 307 IPC - 5 years' R.I. and a fine of Rs. 250/- in default of payment of fine, one month's R.I. 2. On 7.12.1984, a wireless message was received at Police Station Kumher at about 6 p.m., from R.A.C. Post, Gunsara, to the effect that one person had died in Village Ajan, whereupon the Station House Officer Durga Prasad (PW-20) left for the place of incident and reached there at about 8 p. m. and recorded Ex. P. 1 statement of Mohan Lal (PW-1) wherein he stated that in the morning, Darbi and Ram Singh, who are brothers, wanted some bricks for making construction and when he was making construction, Nahar Singh and Manso objected and asked them not to do so as the land was theirs. Thereupon Darbi told that let us distribute and there was some altercation at that time. Later, in the evening at about 4-4.30 p.m. when he was sitting near his Nohara, where Darbi and Sedu were enjoying fire, near the bricks, his son Bacchu came who was followed by accused appellant Ram Singh, Mohar Singh and, Nahar s/o Manea, Deevan, Gopal, Saraswati wife of Ram Singh, who were armed with weapons. Ram Singh had a Ballam in his hand, whereas Mohar Singh and Nahar Singh had Farsa while others had lathies. Mst. Sarbati had a Khurpa in her hand. His son Ram Singh bogged excuse with folded handa but accused Ram Singh inflicted a blom by Ballam on his stomach. Bacchu fell down. Nahar Singh inflicted a Farsa blow in the stomach of Darbi as a result his intestines came out. Badu Ram was also inflicted injury by a Farsa, by Mohar Singh. Other accused also gave beating. His two other sons Bane Singh and Balveer Singh had witnessed the incident. 3. On the basis of Ex. Bacchu fell down. Nahar Singh inflicted a Farsa blow in the stomach of Darbi as a result his intestines came out. Badu Ram was also inflicted injury by a Farsa, by Mohar Singh. Other accused also gave beating. His two other sons Bane Singh and Balveer Singh had witnessed the incident. 3. On the basis of Ex. P. 1, regular FIR (Ex. P. 15) was registered at 10.15 p. m. Challan was filed against seven accused persons and the case was committed to the Court of Sessions. During trial, Nahar Singh, one of the accused persons and brother of the accused-appellants, was absconding. The case was tried against six persons out of which three were acquitted and one Gopal was convicted u/s 323 IPC and as released on probation while the present appellants were convicted, as aforesaid. Accused Ram Singh was arrested on 30-1-1985, vide Ex. P. 28. He is alleged to have given information (Ex.P. 30) on 3-2-85 as a result whereof, a Ballam had been recovered, vide Ex.P.9. Mohar Singh also gave information vide Ex.P.31 on 3-2-85 and a Farsa was recovered, vide Ex. P. 10. Both these articles were sent to the Chemical Examiner and Ex. P. 43 and Ex. P. 44 are the reports which show that both of the had human blood but blood grouping was not possible. 4. Prosecution has examined six eye witnesses, out of whom, PW-6 Tulsi, mentioned in the FIR, has not supported the prosecution and has been declared hostile. Mohan Lal (PW-1) in his statement recorded in the court has made some improvements from his earlier statement (Ex. P-l) and that recorded u/s 161 Cr.P.C. In the court, he has stated that Ram Singh inflicted a blow by Ballam on the chest of Bacchu and also behind the neck and Mohar Singh and Nahar Singh inflicted Farsi blow on Dalvi's head. Ram Singh inflicted a Ballam blow on the stomach of Darbi. Mohar Singh inflicted a Farsa below to Bedu. When he was confronted with his Parcha Bayan (Ex. P-1), wherein he had stated that Nahar Singh inflicted the Farsi blow to Darbi as a result of which his intestines had come out, he stated that he does not remember whether he had given this statement or not. Similarly, when he was confronted with Ex. When he was confronted with his Parcha Bayan (Ex. P-1), wherein he had stated that Nahar Singh inflicted the Farsi blow to Darbi as a result of which his intestines had come out, he stated that he does not remember whether he had given this statement or not. Similarly, when he was confronted with Ex. D-1, he admitted that there was no mention that Ram Singh had inflicted a Ballam blow on the stomach of Darbi. 5. The other eye witness PW-2 Bedu has also stated in his statement that Ram Singh inflicted a Ballam blow on Bacchu and Ram Singh gave another blow by Ballam on his shoulder. Mohar Singh and Nahar Singh inflicted the Farsa blow on Darbi and Ram Singh also inflicted a Ballam blow in the stomach of Darbi. He has further stated that Mohar Singh inflicted a Farsa blow on his stomach. In his cross-examination, he has admitted that injury was caused to him by the pointer of the Farsa. It was a Parshuram Farse. He has denied, that the injury in his stomach was caused by Ballam and persisted that it was caused by Farsa. 6. Similarly, other eye witness PW-3 Balbeer Singh, PW-4 Sondei and PW-5 Banay Singh have also supported the prosecution story and the statements given by Mohanlal (PW-1) and Bedu (PW-2). Prosecution has also placed reliance on Ex.P-38 which is the dying declaration of Darab Singh recorded on 7-12-1984 wherein it has been mentioned that Ram Singh inflicted a Ballam blow in the stomach of Bacchu, Mohar Singh and Nahar Singh inflicted Farsa blow on him (Darbi) and Ramsingh inflicted a ballam blow on his stomach and Mohar Singh inflicted a Farsa blow to Bedu. 7. Prosecution has also examined PW-10 Dr. Bhopal Singh who examined Bedu and found the following injuries:- "(1) Stab would 2 cm X 1 cm X abdomen cavity deep on left side abdomen and 7 cm away from the mid abdominal line. Badges were smooth, even, clean cut, everted and were well defined. The direction of the wound was front to back side. Intestine about 1 feet was lying outside and there was a cut wound 2 cm long was present over ileam (intestine). The wound was bleeding. (2) Abrasion 2 cm X 2 cm on left knee." 8. Badges were smooth, even, clean cut, everted and were well defined. The direction of the wound was front to back side. Intestine about 1 feet was lying outside and there was a cut wound 2 cm long was present over ileam (intestine). The wound was bleeding. (2) Abrasion 2 cm X 2 cm on left knee." 8. He further stated that end of Farsa could cause injury No. 1 and pointed end of Farsa could cause stab wound like injury No. 1, and further that injury No. 1 was likely to cause death. 9. Dr. Bhopal Singh (PW-10) also conducted the post-mortem on the dead body of Darbi @ Darab Singh and found the following injuries:- "(1) Vertical stab would 11/2" X 1" X abdominal cavity deep on left anterior auxilliary line and 6" away from mid-abdominal line and 7" below the nipple. The intestine was lying out about 2 feet. (2) Abrasion 1 cm X 1 cm on left parietal region front side." He further stated that Injury No. l could be caused by a Ballam and it was sufficient to cause death in the ordinary course of nature. 10. PW 10 Dr. Bhopal Singh also conducted post-mortem on the dead body of Bacchu and found the following injuries:- (1) Oblique stab wound 3 cm. x 1 cm. x pleural cavity deep and long deep on right scapular region and 13 cm. away from the spine. The blood was coming out from the wound. Edges were clean cut, regular even and worted. (2) Oblique stab wound 3cm. x 1 cm. x heart deep near left nipple outerside. The blood was coming out of wound and the edges were (Illegible) even and evorted. (3) Contusion with abrasion 7 cm. x 3 cm. on left forearm upper ⅓rd radial side." The doctor stated that injury Nos. 1 and 2 were sufficient in the ordinary course of nature to cause death, and further that injury Nos. 1 and 2 could be caused by Ballam. In cross-examination, he has stated that the injuries of Darab Singh and Bacchu could not have been caused by sharp side of Farsa. These injuries could be caused by a Ballam. He further stated that Injury No. 1 to Bedu Ram could be caused by Ballam. 1 and 2 could be caused by Ballam. In cross-examination, he has stated that the injuries of Darab Singh and Bacchu could not have been caused by sharp side of Farsa. These injuries could be caused by a Ballam. He further stated that Injury No. 1 to Bedu Ram could be caused by Ballam. He further stated that even one person could cause all the stab injuries vide Ex.P.16, Ex.P.17 and Ex.P.18 by a weapon like Ballam and the same Ballam could be used for all the injuries. 11. Learned counsel for the appellants has very vehemently contended that the eye witnesses have tried to falsely implicate the accused persons. He has further submitted that Injury No. 1 to Bedu Ram could not have been caused by a Farsa in view of the opinion of the Doctor and specially one recovered vide recovery memo (Ex.P. 10) on the information (Ex.P.31) given by accused Mohar Singh and therefore, the eye witnesses have tried to falsely implicate the accused Mohar Singh, since the witnesses have tried to falsely implicate accused Mohar Singh, there is no guarantee that they have not falsely implicated the other accused Ram Singh as well. 12. On the other hand, learned Public Prosecutor supported the judgment of the trial court. 13. We have given our thoughtful consideration to the whole matter and have also gone through the judgment of the trial court as also the evidence on record. 14. As we have discussed above, we do not find any doubt that the accused-appellant Ram Singh was the author of the fatal blow/injuries caused to Bacchu and Darbi and therefore, he has been rightly convicted by the learned trial court. We have also carefully examined the matter as to who can be held responsible for inflicting the Farsa blow to Bedu. It is true that the doctor has stated that it could be caused by Ballam as well but the doctor has also stated that Injury No. 1 to Bedu could be caused by a Farsi as well, pointed and of Farsa could cause stab wound like injury No. 1, meaning thereby that if the Farsa had a pointed edge, this is possible. Bedu (PW 2) who is the injured has also named Mohar Singh who had inflicted the Farsa blow in the stomach of Bedu. He has further stated it was a parshurami Farsa. Bedu (PW 2) who is the injured has also named Mohar Singh who had inflicted the Farsa blow in the stomach of Bedu. He has further stated it was a parshurami Farsa. Learned counsel for the State has shown to us a photograph of Parshuram with a Farsa in his hand, which has the pointed edge. All the other eye witnesses have supported the statement of PW 2 Bedu and we have carefully examined their evidence and we are of the opinion that it was Mohar Singh who had inflicted the Injury No. 1 on the stomach of Bedu. There is no reason to disbelieve the eye witnesses. Nothing has been brought on record to discredit their evidence. Since the two deceased have not received any blow by Farsa, Mohar Singh accused appellant did not inflict any blow to them and therefore, in our opinion, he cannot be convicted u/s 302 r/w 34 IPC. He is guilty for inflicting injury No. 1 to Bedu which proved to be a grievous injury, by a sharp edged weapon and which according to the doctor was likely to cause death. Therefore, conviction of Mohar Singh u/s 307 IPC is maintained. 15. In the result, this appeal is partly allowed, conviction of appellant Ram Singh u/s 302 IPC is maintained and he is sentenced to life imprisonment and a fine of Rs. 500/- in default of payment of fine, 2 month's R.I. Conviction of appellant Mohar Singh u/s 302/34 IPC recorded by the trial court, is hereby quashed but his conviction u/s 307 IPC and sentence of five years' R.I. and a fine of Rs. 250/-, in default of payment of fine, one month's R.I., are maintained. They are in jail. They will serve out the sentence awarded to them.Appeal partly allowed. *******