J. C. GUPTA, J. ( 1 ) ALL the appellants namely Naththoo Ram, Rampal Sultan, Brij Lal and Parsadi have been convicted and sentenced to 1-1/2 years R. I. under Section 147, I. P. C. , two years R. I. under Section 148, I. P. C. and to imprisonment for life under Section 302 read with Section 149, I. P. C. and one year R. I. under Section 323/149, I. P. C. The conviction under Section 302, I. P. C. read with Section 149, I. P. C. has been recorded in relation to the murder of Daya Ram while conviction under Section 323/149, I. P. C. is in relation to injuries caused to Smt. Phudari, P. W. 5, the mother of the deceased. ( 2 ) OUT of the above named appellants. Sultan son of Jagan died during the pendency of this appeal, hence his appeal has abated. ( 3 ) THE prosecution case as revealed from the F. I. R. , in brief, is that on 25-10-1979 at about noon time Daya Ram, son of Baldeo was ploughing his field inside the Tal (land of dried pond) for sowing gram. He himself was driving the plough, his mother was sowing the seeds while his Halwaha Komal was driving Bakhar. All the five accused persons appeared there armed with "parena" (a weapon which has an iron blade fixed on one end of Lathi ). They had their land also in the same Tal. The accused Nathoo Ram asked Daya Ram to pay irrigation charges first before ploughing the field. Daya Ram told him that he would pay the irrigation charges in the evening as may be settled by the Panchas. However, accused Nathoo Ram insisted upon immediate payment. Daya Ram told him that he was not having any money in his pocket so as to pay to him. On this accused Parsadi said that he be assaulted and killed. Thereafter all the five accused persons started beating Daya Ram with Parenas. Smt. Phudari P. W. 5 was also assaulted when she intervened to save her son. The incident was witnessed by Surat Singh P. W. 2, Rajdhar P. W. 3, Ganesh, Nripat, Sooraj Singh and others. Seeing the witnesses arriving all the accused ran away towards the village. On account of the injuries sustained during the course of incident, Daya Ram died on the spot. The incident was witnessed by Surat Singh P. W. 2, Rajdhar P. W. 3, Ganesh, Nripat, Sooraj Singh and others. Seeing the witnesses arriving all the accused ran away towards the village. On account of the injuries sustained during the course of incident, Daya Ram died on the spot. ( 4 ) SURAT Singh P. W. 1 came to the village and there he wrote down the report Ex. Ka-3 and then went to Khitwana where Pahalwan Chowkidar met him. Along with him he went to police station, Mehroni and lodged the F. I. R. at 4 p. m. on the same evening. Head Constable Shiv Singh P. W. 6 prepared cheek report Ex. Ka-4 and the case was registered in the general diary, copy of which has been proved as Ex. Ka-5. The Station Officer Kamta Singh P. W. 11 was present at the police station when the case was registered. He took up the investigation and reached the place of occurrence immediately. The inquest was held and thereafter the dead body was sent for postmortem examination along with all necessary papers. From the dead body of Daya Ram his bloodstained Shirt Ex. 3 was taken into possession through memo Ex. Ka-14. From the place of incident, the Investigating Officer took into his possession one pair of shoes Ex. 5 and one pair of Chappal of Smt. Phudari, Ext. 6. The statement of witnesses were recorded and the site plan Ex. Ka-18 was prepared. Bloodstained earth and plain earth was also collected from the scene of occurrence through memo Ex. Ka-19. The Investigating Officer also found some pieces of bangles and collected and kept them in a sealed bundle and its Memo Ex. Ka-20 was prepared. The Investigating Officer also found at the scene of occurrence, plough and Bakhar which were also taken into possession and given in the custody of Baldeo, father of deceased Daya Ram through memo Ex. Ka-21. The Investigating Officer in order to effect the arrest of the accused persons raided their houses. During the search of accused Parsadi one bloodstained Parena Ex. 1 was taken into possession through memo Ex. Ka-20. Similarly one more Parena Ex. 11 was recovered from the house of accused Brij Lal and was taken into police custody through memo Ex. Ka-22. Both the Parenas were kept in separate sealed bundles. Bloodstained Dhoti Ex. During the search of accused Parsadi one bloodstained Parena Ex. 1 was taken into possession through memo Ex. Ka-20. Similarly one more Parena Ex. 11 was recovered from the house of accused Brij Lal and was taken into police custody through memo Ex. Ka-22. Both the Parenas were kept in separate sealed bundles. Bloodstained Dhoti Ex. 4 Smt. Phudari was also taken into possession through memo Ex. Ka-26. The Investigating Officer also took into possession the relevant papers relating to the demarcation of the land of the deceased and copy of Khasra for 1386 Fasli as well as copy of the order of the SDM, Lalitpur Ex. Ka-29. On completion of investigation all the accused persons were challaned vide Ex. Ka-31. ( 5 ) INJURIES of Smt. Phudari P. W. 5 were medically examined on 26-10-79 at 9 a. m. by Dr. S. K. Jain P. W. 4 who found one lacerated injury 2 cm x 0. 5 cm x skin deep on the front and outer side of left wrist joint and a contusion 5 cm x 3 cm on the right cheek opposite right ear. In the opinion of the doctor both the injuries were simple, caused by blunt object and were about a day old. ( 6 ) THE postmortem examination on the dead body of Daya Ram was done on 26-10-79 at 12. 30 p. m. by Dr. K. C. Gupta P. W. 1. The following ante mortem injuries were found : 1. Abraded contusion on the back and middle of left upper arm 6 cm x 4 cm. 2. Abraded contusion on the left elbow 5 cm x 3 cm. 3. Abraded contusion in an area of 15 cm x 9 cm on the back of left forearm, upper part. 4. Contusion on the dorsum of the proximal part of little finger and ring finger of the left hand 11 cm x 9 cm with the fracture of proxymaphalynx of the left little finger. 5. Abraded contusion over the back of left shoulder 7 cm x 4 cm. 6. Contusion on the outer part of left back vertical in direction 30 cm x 3 cm. ( 7 ) CONTUSION 25 cm x 21/2 cm over left side of back, 4 cm left to the injury No. 6. 5. Abraded contusion over the back of left shoulder 7 cm x 4 cm. 6. Contusion on the outer part of left back vertical in direction 30 cm x 3 cm. ( 7 ) CONTUSION 25 cm x 21/2 cm over left side of back, 4 cm left to the injury No. 6. ( 8 ) CONTUSION 10 cm x 3 cm over the posterio lateral aspect, lower part left side chest and lumber region under which 7th and 8th ribs fractured, pluera ruptured, plural cavity filled with blood, left lung lower lobe punctured at two places against fractured ribs. Spleen grossly lacerated on upper and other aspect and blood was present in abdominal cavity. 9. Abrasion in an area of 10 cm x 10 cm outer part of left buttock. 10. Contusion 15 cm x 6 cm lower part and antero lateral, aspect of left thigh. 11. Abrasion 3-1/2 cm x 1 cm on the front of left knee. 12. Multiple abrasions on the whole of the front of left leg. 13. Lacerated wound 1 cm x 1/2 cm x muscle deep over the dorsum of the left foot 1-1/2 cm proximal to the root of great toe. 14. Multiple abrasions in an area of 12 cm x 5 cm over front and 1 cm on medial side right ankle and lower part of the leg. 15. Lacerated wound 1-1/4 cm x 3/4 cm x bone deep over the front and middle of right leg. 16. Abrasion 10 cm x 2 cm over front right knee. 17. Abrasion 10 cm x 2 cm over front of the upper part of right thigh. 18. Contusion 10 cm x 2 cm over front of right thigh, 3 cm outer to the injury No. 17. 19. Contusion 7 cm x 2 cm upper part back of the right thigh. 20. Abrasion 1 cm x 3/4 cm right postero lateral side of chest. 21. Abraded Contusion in an area of 25 cm x 16 cm over right shoulder, upper part of right upper arm in outer aspect. 22. Lacerated wound 1-1/4 cm x 3/4 cm x bone deep over left parital region. 7. In the internal examination all the organs of ear and neck were normal. Brain was also normal. In the thorax region, pleura was found ruptured on left side. Larynx, trachea and bronchi were normal. 22. Lacerated wound 1-1/4 cm x 3/4 cm x bone deep over left parital region. 7. In the internal examination all the organs of ear and neck were normal. Brain was also normal. In the thorax region, pleura was found ruptured on left side. Larynx, trachea and bronchi were normal. Left 7th and 8th ribs were found fractured under injury No. 8. Pleura under the said injury was also ruptured and left lower lobe of lung was punctured at two places on account of fractured ribs. Spleen was grossly lacerated on upper and outer aspect and blood was present in the abdominal cavity. The postmortem report is Ex. Ka-1. Dr. Gupta opined that death of the deceased was possible on 25-10-79 noon and death was due to haemorrhage and shock caused by ante mortem injuries. When the opinion of the doctor was obtained by showing parena to him, he stated that all the ante mortem injuries were not possible from that side of Parena which had sharp iron blade and they could be caused from the blunt side of Parena, that is the Lathi end. 8. At the trial the prosecution produced 11 witnesses in all out of whom P. W. 2 Surat Singh, P. W. 3 Rajdhar and Smt. Phudari, P. W. 5 are witnesses of fact. ( 9 ) IN their statements recorded under Section 313, Cr. P. C. the accused persons denied the prosecution allegations, Accused Nathoo Ram stated that his uncle Param and Jagan had moved application against P. W. 2 Surat Singh and P. W. 3 Rajdhar. The brother of Rajdhir had to remain in jail who had come out recently. At the instance of police they have given evidence against him. Accused Ram Pal stated that Daya Ram deceased had given his field on Batai to Majboot Singh and since he did not give his land on Batai. This year a quarrel took place between them. A dispute with Tila Wal Thakurs and Daya Ram deceased on the question of grazing of cattle was also pointed out by the said accused which could have led to the murder of the deceased. Similarly Sultan, Brijlal and Parsadi have stated their nomination on account of enmity. The accused persons examined D. W. 1 Sardar Singh, D. W. 2 Babar Khan D. W. 3 Har Narain and D. W. 4 Bhaiyalal as defence witnesses. Similarly Sultan, Brijlal and Parsadi have stated their nomination on account of enmity. The accused persons examined D. W. 1 Sardar Singh, D. W. 2 Babar Khan D. W. 3 Har Narain and D. W. 4 Bhaiyalal as defence witnesses. ( 10 ) ON consideration of evidence brought on the record the learned Sessions Judge found the appellants guilty of the offences charged for and accordingly the impugned order of conviction and sentence was passed. ( 11 ) WE have heard Sri P. N. Mishra learned counsel for the appellants and the learned A. G. A. for the State. ( 12 ) THE factum of death of Daya Ram has neither been disputed nor challenged by the learned counsel for the appellants. It is further borne out from the postmortem report Ex. Ka-1 and the statement of Dr. K. C. Gupta P. W. 1 that Daya Ram had sustained a number of blunt object ante mortem injuries which resulted into his death, including injury No. 8 which by itself was fatal. It thus cannot be denied that Daya Ram died a homicidal death. ( 13 ) THOUGH in the trial Court some vague suggestions were given to the witnesses challenging the time and place of occurrence but before us Sri P. N. Mishra, learned counsel for the appellants did not make any serious challenge to the time and place of occurrence. The Investigating Officer not only found blood at the scene of occurrence but also the dead body of Daya Ram, his shoes etc. The duration of ante mortem injuries of the deceased and of the injuries of Smt. Phudari also rules out any possibility of the incident occurring in darkness. From the evidence of the witnesses and the circumstances appearing in the case it is fully established that the incident had occurred at about noon time on 25-10-79 in the field of Daya Ram. It is also fully borne out from the evidence on record that at the time of the incident the deceased was ploughing his field. This fact is not only stated by Smt. Phudari P. W. 5 who herself received injuries in the incident but also by two witnesses P. W. 2 Surat Singh and P. W. 3 Raj Dhar. It is also fully borne out from the evidence on record that at the time of the incident the deceased was ploughing his field. This fact is not only stated by Smt. Phudari P. W. 5 who herself received injuries in the incident but also by two witnesses P. W. 2 Surat Singh and P. W. 3 Raj Dhar. Their statements further find corroboration from the fact that at the time when the Investigating Officer made inspection of the scene of occurrence, he found present one plough and a bakhar near the dead body. We are thus fully satisfied that the incident did occur at the time and place as alleged by the prosecution. ( 14 ) LEARNED counsel for the appellants, however, submitted before us that the evidence of the three witnesses of fact produced at the trial is shaky and untrustworthy. According to his submission the witnesses have not deposed true facts which led to the murder of Daya Ram. It was further argued that the incident had occurred in some other manner and the appellants were roped in falsely at the instance of Surat Singh P. W. 2. It was also submitted by the learned counsel for the appellants that in any view of the matter the offence would not travel beyond the ambit of Section 325 read with Section 149, I. P. C. ( 15 ) IN order to substantiate its case the prosecution has relied on the testimony of three witnesses of fact namely P. W. 2 Surat Singh, P. W. 3 Rajdhar and Smt. Phudari P. W. 5. It is also claimed that P. W. 5 Smt. Phudari herself received injuries during the course of the incident. She is thus the star witness of the prosecution. The fact that Smt. Phudari herself sustained blunt object injuries is not only stated by herself and other two witnesses but blunt weapon injuries were also found by Dr. S. K. Jain when he examined her on 26-10-79 at 9 a. m. at the Primary Health Centre, Mehrauli. A perusal of the injuries found on the person of Smt. Phudari convince us that the injuries could not be self suffered or self inflicted. The presence of Smt. Phudari, therefore, at the time of the incident cannot be doubted. S. K. Jain when he examined her on 26-10-79 at 9 a. m. at the Primary Health Centre, Mehrauli. A perusal of the injuries found on the person of Smt. Phudari convince us that the injuries could not be self suffered or self inflicted. The presence of Smt. Phudari, therefore, at the time of the incident cannot be doubted. Her presence is further strengthened by the fact that her broken bangles, and a pair of Chhappals were found at the scene of occurrence by the Investigating Officer when he visited the place of occurrence. Moreover the dhoti of Smt. Phudari was found smeared with the blood group of the deceased. Serologist report established this fact beyond any controversy. The fact that Smt. Phudari was herself injured in the same incident goes a long way to show that the incident had occurred in the manner, place and time as alleged by the prosecution witnesses. It was but natural for her to anyhow save her son from further beating at the hands of accused persons, being the mother of the deceased. It proves beyond doubt that she was present in the same field where the deceased was ploughing the field. Therefore, if she intervened and received injuries in the incident it was nothing unnatural. On the contrary it was the most natural consequence in the situation in which she was placed. It was a day light incident and she would have certainly seen the faces of the persons assaulting her and the deceased. All the accused persons belonged to her village and were very well known to her. She would be the last person to rope in innocent persons shielding the real assailants who had assaulted her and had murdered her son. We have very carefully examined her statement and find no infirmity therein to discard the same as untruthful. She has specifically stated that her son had accompanied her when they left their house and they had gone to the field without taking any breakfast and before they could have lunch, the incident had occurred. We have very carefully examined her statement and find no infirmity therein to discard the same as untruthful. She has specifically stated that her son had accompanied her when they left their house and they had gone to the field without taking any breakfast and before they could have lunch, the incident had occurred. In the light of this statement of Smt. Phudari, we are not prepared to give any weight to the argument of the learned counsel for the appellant that since in postmortem examination the stomach and small intestines were found empty and faecal matter was present in large intestines the incident must have occurred early in the morning before the deceased had eased himself. It is well settled that time of death cannot necessarily be settled from the state of food in the intestines when credible direct evidence is available. The mere fact that in the post-mortem examination stomach and small intestines of the deceased were found empty, it cannot be inferred that the incident could not have occurred at about noon time on 25-10-79 especially when Smt. Phudari herself had received injuries in the course of the incident and she and her son had not eaten anything in the morning when they left their home together as the lunch was to be had by them in the field itself. It is of common experience that villagers do go out early in the morning for ploughing and sowing purpose without eating anything and at the field itself they take their lunch which some members of their family fetch at the field. Therefore, we find no substance in the argument of the learned counsel for the appellants that on the basis of above circumstances, it should be inferred that the incident could not have occurred during noon time on 25-10-79. This lonely circumstance is too freak to break any ice regarding time of occurrence. ( 16 ) THE evidence of Smt. Phudari P. W. 5 is also corroborated by the medical evidence in as much as she has specifically stated that she as well as the deceased were assaulted from the blunt end of parena and not from that side where iron blade is fixed. The injuries found in the post-mortem examination and in the medical examination of Smt. Phudari were all blunt object injuries which supports the manner of assault as stated by this witness. The injuries found in the post-mortem examination and in the medical examination of Smt. Phudari were all blunt object injuries which supports the manner of assault as stated by this witness. The evidence of Smt. Phudari is not only corroborated by the medical evidence but also by the evidence of two witnesses namely Surat Singh P. W. 2 and P. W. 3 Rajdhar. ( 17 ) P. W. 2 Surat Singh stated that on the fateful day he was going to village Satarwas from his village Andela and when he reached near the place of occurrence he witnessed the incident from a little distance. He further testified that all the accused persons assaulted the deceased with Parena and when the mother of the deceased Smt. Phudari came to his rescue, she too was assaulted. His testimony was tried to be assailed on the ground that he was not having good antecedents inasmuch as the witness himself admitted that he was an accused in a murder case. The witness however added that in the said case he was acquitted. It is further pointed out that he has admitted that Khoob Singh Pradhan of the village was his uncle. The defence examined D. W. 2 Babar Khan, Takabi Lekhpal who brought the register about the inquiry of misappropriation of manure. This witness stated that Bhaiya Lal, son of Dayali, and a number of other villagers had moved an application stating therein that Dayali and his father had not taken any manure or seed as they were already dead and there has been bungling in the matter of distribution of manure by Pradhan Khoob Singh and P. W. Surat Singh and this application was inquired into and thereafter a report under Section 406/409, I. P. C. was lodged against Khoob Singh, P. W. Surat Singh and others. After the inquiry Vrindaban and Rameshwar Singh were suspended and recommendations were also made to suspend Khoob Singh Pradhan. D. W. 3 Har Narayan who was posted as Head clerk at Agriculture Office brought the relevant record and stated that Bhaiya Lal, son of Dayali had moved an application on 16-8-78 to the Chief Minister, Lucknow and he filed the copy of that application which was proved as Ext. Kha-11, D. W. 4, Bhaiya Lal, brother of accused Brijlal, further stated that he had moved application Ex. Kha-11, D. W. 4, Bhaiya Lal, brother of accused Brijlal, further stated that he had moved application Ex. Kha-11 complaining therein that his father and grand father had died about three years and five years back and somebody had taken manure in their names with the connivance of Pradhan Khoob Singh and P. W. Surat Singh. He also, stated that proceedings were pending against Khoob Singh and Surat Singh and others. Be that as it may, the mere fact that Bhaiya Lal, brother of accused Brijlal had made a complaint against Pradhan and P. W. 2 Surat Singh about 4-5 years ago prior to the incident that fact by itself would not lead to an inference that whatever Surat Singh has stated before the Court was not true. This may at best require the Court to scrutinize the evidence of P. W. 2 Surat Singh cautiously. We have very carefully gone through his evidence. His presence at the scene of occurrence has also been stated by the injured witness and we find no sufficient reason to discard the same merely on the ground of his being some what inimical towards accused Brijlal. This witness could have easily involved Bhaiya Lal. ( 18 ) P. W. 3 Rajdhar has stated that at the time of the occurrence he was present in his Jwar field to look after the same and his attention was attracted to the scene of occurrence on hearing alarm of the deceased and the injured Smt. Phudari. He rushed towards the Tal of Daya Ram and saw all the accused persons assaulting the deceased and his mother with Parena. He further stated that in the course of the incident bangles of the mother of the deceased were also broken. As already pointed out above, pieces of bangles were recovered by the Investigating Officer when he visited the place of occurrence. The presence of this witness was tried to be assailed on the ground that he resided at a long distance and his field was also removed by a distance of about 200-250 paces from the field of the deceased Daya Ram. According to the witness he was present in his field to keep a watch of his Jwar crop during day time and his field was removed from the place of occurrence only by a distance of 200-250 paces. According to the witness he was present in his field to keep a watch of his Jwar crop during day time and his field was removed from the place of occurrence only by a distance of 200-250 paces. Therefore, there could not have been any difficulty for this witness to have heard the cries and shrieks of the deceased and injured Smt. Phudari. From the postmortem report it is evident that deceased sustained as many as 22 ante mortem injuries. It must have taken some time for the assailants to cause such a large number of injuries. The deceased was assaulted only by parena and that too not from the sharp edged side but from the blunt side. It could not be expected that the deceased would not have shouted for help when he was being assaulted by as many as five persons. His mother at the time of the incident was also helping her son in ploughing and sowing the gram in the field and seeing the accused persons assaulting her son she could not have remained a silent spectator and it is but natural that she also must have cried for help. She herself jumped into the fray to save her son is amply borne out from her injuries. Therefore, even if the witness was placed in his field at a distance of 200-250 paces, he could have easily heard alarm of the deceased and his mother Smt. Phudari. As a natural consequence he must have rushed towards the scene of occurrence and thus there was no improbability in his witnessing the incident which occurred during day light. His field of Jwar is also shown by the Investigating Officer in the site plan Ex. Ka-18 which is adjacent to the Tal in the west. The defence suggestion that the field of this witness was situate at a distance of 2-1/2 furlong has been denied by this witness. The accused examined Sardar Singh D. W. 1 to state that the field of Rajdhar is about 4 furlong away from the place of incident but his evidence is of no avail as the Investigating Officer has shown the field of witness Rajdhar in the site plan and stated about the distance in his statement given at the trial. The accused examined Sardar Singh D. W. 1 to state that the field of Rajdhar is about 4 furlong away from the place of incident but his evidence is of no avail as the Investigating Officer has shown the field of witness Rajdhar in the site plan and stated about the distance in his statement given at the trial. The Investigating Officer clearly stated that the field of Rajdhar is within the limits of Satarwas and the boundary of this field is adjacent to the tal of the deceased and only a Nala intervened in between. The Investigating Officer further stated that he had gone to the field of Rajdhar and found crop of Jwar standing therein. In view of the statement of the Investigating Officer and other evidence on record, we are not prepared to attach any weight to the statement of D. W. 1 Sardar Singh that the field of P. W. 3 Rajdhar was situate far away from the place of incident. The presence of this witness at the time of the occurrence has not only been mentioned in the F. I. R. but has also been stated by injured witness Smt. Phudari in her statement recorded at the trial. We are, therefore, fully satisfied that the evidence of Smt. Phudari P. W. 5 and other two witnesses namely P. W. 2 Surat Singh and P. W. 3 Rajdhar is wholly reliable and trustworthy. ( 19 ) THE last and main contention of the learned counsel for the appellants is that from the evidence on the record it cannot necessarily be inferred that the common object of the unlawful assembly was to commit the murder of the deceased. It could at best be to cause grievous hurt and if some of the members in prosecution of the said object gave a fatal blow all the accused persons cannot be held guilty for the offence of murder with the aid of Section 149, I. P. C. Even as per the prosecution case the dispute arose on account of demand of irrigation charges being made by accused Nathoo Ram from the deceased who himself stated that whatever was determined by the Panchas he would pay the same. The circumstances indicate that the incident occurred abruptly during the course of some altercation between the deceased and the accused persons. The circumstances indicate that the incident occurred abruptly during the course of some altercation between the deceased and the accused persons. According to the witnesses all the accused persons were armed with parena, a weapon in which on one side an iron blade is fitted, yet as per the prosecution evidence none of the accused inflicted any blow from the iron blade side which fact is also corroborated by the ante mortem injuries of the deceased and the injuries of the injured. In order to attract Section 149, I. P. C. , the prosecution is to prove two essential ingredients, viz. (1) commission of an offence by any member of an unlawful assembly, and (2) such offence must have been committed in prosecution of the common object of that assembly or must be such as the members of that assembly knew to be likely to be committed. Once the Court finds that these two ingredients are fulfilled , every person who at the time of committing offence was a member of that assembly is to be held guilty of that offence. After such a finding it is not necessary to find out as to who actually did the offensive act and the prosecution is not required to prove which of the members did which of the offensive acts. Section 149, I. P. C. creates only constructive or vicarious liability of the members of the unlawful assembly for the unlawful acts committed pursuant to the common object of any other member of that assembly. In the Apex Court decisions in Ram Janam Pandey v. State of U. P. , 1994 JIC 1 and Ram Jattan v. State of U. P. , 1995 SCC (Cri) 169 : (1993 All LJ 1364) it was held that common object can be inferred from various factors like nature of weapons with which the members were armed, their movements, the acts of violence committed by them and from the result thereof. As already pointed out above the incident had occurred at a spur of moment during altercation which ensued between the deceased and the accused persons on the question of payment of irrigation charges. As already pointed out above the incident had occurred at a spur of moment during altercation which ensued between the deceased and the accused persons on the question of payment of irrigation charges. Though all the accused persons were having weapons which could be used from iron blade side for causing fatal injuries but the accused persons preferred not to use the same from that side, instead they assaulted the deceased and his mother only from the blunt side. Moreover, there is no record to show that the deceased in the past had not paid such dues. Although there were five assailants but only one (injury No. 22) was on the head. That injury, however, did not cause any internal damage to the brain or skull bones. Most of the injuries were on arm and legs. It was only injury No. 8 which caused internal damage in the form of fracture of 7th and 8th ribs, causing rupture of left lung and spleen etc. Who caused that particular injury has not been made clear. Excepting this injury all other injuries were simple in nature. Fracture and rupture of internal organs was consequent to broken pieces of ribs, Smt. Phudari received only two injuries and they were also simple and none of them was on any vital part. She was also assaulted from the blunt end of Parena. From the circumstances appearing in the case, it, therefore, cannot be held with certainty that the common object of the unlawful assembly was to commit the murder of the deceased or to cause such bodily injuries which were likely to cause his death. In the circumstances it would not be safe and prudent to hold the appellants guilty under Section 302/149, I. P. C. in relation to the injuries of deceased Dayaram and the safest course would be to convict them under Section 325 read with Section 149, I. P. C. and also under Section 323/149, I. P. C. in respect of the injuries caused to Smt. Phudari. Since none of them used any deadly side of the weapon while causing injuries either to the deceased or injured, their conviction under Section 148, I. P. C. cannot be sustained. Their conviction under Section 147, I. P. C. is, however, maintained. ( 20 ) FOR the reasons discussed above, this appeal is partly allowed. Since none of them used any deadly side of the weapon while causing injuries either to the deceased or injured, their conviction under Section 148, I. P. C. cannot be sustained. Their conviction under Section 147, I. P. C. is, however, maintained. ( 20 ) FOR the reasons discussed above, this appeal is partly allowed. The conviction of the appellants as recorded by the learned Sessions Judge is modified to the extent that they are convicted under Section 325, I. P. C. read with Section 149, I. P. C. instead of Section 302 read with Section 149, I. P. C. for causing injuries to the deceased Daya Ram. Their conviction under Sections 147, I. P. C. and also under Section 323/149, I. P. C. for causing injuries to Smt. Phudari are, however, maintained. Their conviction under Section 148, I. P. C. are set aside. Each of the appellants is sentenced to a period already undergone and to pay a fine of Rs. 5000. 00 under Section 325/149, I. P. C. in default of payment of fine the appellant shall undergo R. I. for two years. They are also sentenced to pay a fine of Rs. 1000. 00 each under Section 147, I. P. C. and similar sentence of fine is imposed on them under S. 323/149, I. P. C. In default of payment of fine under these counts, each of the appellants shall undergo R. I. for 3 months under both these counts. The appellants are allowed four months time to deposit the fine in the trial Court. Out of the fine so deposited or realised, Smt. Phudari, the mother of the deceased and if she be dead, her legal representatives shall be entitled to get Rs. 25000. 00 as compensation. Appeal partly allowed. .