ORDER : 1. Heard the parties. 2. The three appellants along with other four accused persons namely, Nihore, Kishore, Deoraj and Siyaram were tried and by judgment rendered by the trial Court while accused Deoraj was acquitted, the appellants and others were convicted under Sections 302/149 of the Indian Penal Code [ for short, Indian Penal Code ] and each one of them was sentenced to undergo imprisonment for life. They were further convicted under Sections 326/149 Indian Penal Code and Sections 323/149 Indian Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of two years and six months respectively. Accused Rajdeo and Lalji were also convicted under Section 148 Indian Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of two years whereas other four accused were convicted under Section 147 Indian Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of one year. All the sentences, however, were ordered to run concurrently. Against the order of acquittal of accused Deoraj, no appeal was preferred whereas an appeal was preferred before the High Court on behalf of other six accused persons. The High Court acquitted accused Nihore, Kishore and Siya Ram. So far as other three accused are concerned, who are the appellants, their convictions under Sections 302/149 Indian Penal Code and 326/149 Indian Penal Code have been converted into Section 302 read with Section 34 Indian Penal Code and Section 326 read with Section 34 Indian Penal Code while sentences awarded against them by the trial Court have been maintained. Hence, this appeal by special leave. 3. It appears that at the time of grant of leave a limited rule was issued in relation to the nature of offence only. It has been submitted that only one injury is said to have been inflicted and the same cannot give rise to offence under Section 302 Indian Penal Code. Accused Raj Deo is said to have inflicted injury by ballam which is a sharp cutting weapon. Dr. Ram Lal Rai (P.W.4) who held post mortem examination found serious injuries in the abdomen of the deceased. He has reported that lower intestine was cut through and through.
Accused Raj Deo is said to have inflicted injury by ballam which is a sharp cutting weapon. Dr. Ram Lal Rai (P.W.4) who held post mortem examination found serious injuries in the abdomen of the deceased. He has reported that lower intestine was cut through and through. That apart, the doctor further stated that the injury suffered by the victim was sufficient to cause death in the ordinary course of nature. In view of these facts, we are of the view that a case under Section 302 Indian Penal Code is clearly made out and the High Court was quite justified in converting convictions of the appellants from Sections 302/149 Indian Penal Code to Section 302 read with Section 34 Indian Penal Code. This being the position, we do not find any ground to interfere with the impugned order. 4. Accordingly, appeal fails and the same is dismissed. Appeal Dismissed