JUDGMENT 1. - Hoshiyar Singh (P.W.10) on 15.10.2003 at around 07:00 P.M. in the Camp Hospital at the residence of Dr. Girdhari Lal Morya, Medical Officer, Surajgarh made a statement (ExhibitP/17) before Sub-Inspector, Rajendra Singh, (P.W.16)S.H.O. Police Station, Surajgarh. In the said statement, he named seven persons, namely (i) Chiranji Lal s/o Khubaram, (ii) Tarachand S.O. Maujiram, (iii) Bhaguram s/o. Kishnaram, (iv) Hariram S/o. Bhaguram, (v) Omprakash s/o Maturam, (vi) Babulal s/o. Maturam and (vii) Smt. Santosh Devi w/o Hariram as accused. 2. All the above said persons were tried by the Court of Additional Sessions Judge, (Fast Track) No. 2, Jhunjhunu. Vide its impugned judgment dated 19.01.2005, the trial Judge held all the appellants guilty of offences punishable under Sections 148, 447/149, 323/149, 324/149, 307/149, 302/149 of Indian Penal Code. 3. Having held the appellants guilty of above said offences, the trial Judge, vide a separate order of even date, sentenced them as under:- "For offence under Section 148 I.P.C. the appellants were sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo one months' simple imprisonment. For offence under Section 447/149 I.P.C. the appellants were sentenced to undergo three months rigorous imprisonment and to pay a fine of Rs. 100/- each, in default of payment of fine to further undergo seven days' simple imprisonment. For offence under Section 323/149 I.P.C., the appellants were sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo one months' simple imprisonment. For offence under Section 324/149 I.P.C., the appellants were sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo one months' simple imprisonment. For offence under Section 307/149 I.P.C., the appellants were sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. 1000/- each, in default of payment of fine to further undergo two months' simple imprisonment. For offence under Section 302/149 I.P.C., the appellants were sentenced to undergo life imprisonment and to pay a fine of Rs. For offence under Section 307/149 I.P.C., the appellants were sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. 1000/- each, in default of payment of fine to further undergo two months' simple imprisonment. For offence under Section 302/149 I.P.C., the appellants were sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- each, in default of payment of fine to further undergo two months' simple imprisonment." All the sentences were ordered to run concurrently.Aggrieved against the judgment of conviction and order of sentence pronounced by the trial Court, all the seven accused have preferred two separate appeals under Section 374 of the Code of Criminal Procedure, 1973.Accused - Tarachand, Chiranji Lal, Babulal and Omprakash have instituted D.B. Criminal Appeal bearing No. 98/2005, whereas remaining three accused, namely Hariram, Bhagu Ram and Smt. Santosh wife of Hariram have preferred a separate appeal, bearing D.B. Criminal Appeal No. 262/2005.By this common judgment, we shall decide both these appeals together. 4. The statement of Hoshiyar Singh (P.W.10), which led to the registration of case, when translated into English reads as under:- "Today, on 15.10.2003, I was dumping soil in my field from my camel-cart; my brother, Mahaveer Prasad, was sowing mustard nearby. Adjoining to our field, there is a field of Chiranji Lal. It was about 04:30 -04:45 P.M., Chiranji Lal s/o Maujiram Chamar, Tarachand s/o Maujiram Chamar, Bhaguram s/o Kishnaram Chamar, Hariram s/o Bhaguram Chamar, Omprakash s/o. Maturam Chamar, Babulal s/o. Maturam Chamar and wife of Hariram came together. Hariram and Tarachand were armed with Kulhara. Omprakash was armed with "randa". Chiranji Lal was armed with "farsi". Babulal was armed with "Jely". The wife of Hariram was having "rapra". My brother Mahaveer Prasad restrained them from coming into our field. Then all started beating him with Kulhara, jelly and rapri. I went running to intervene; then all caused injuries to me with kulhara, jely and rapri. My brother Mahaveer Prasad fell on the spot. Ratiram, son of my bhua (paternal aunt) brought me and my brother Mahaveer Prasad in the camel-cart to the Village. From the Village, persons belonging to our community brought me and my brother for treatment to the house of Dr. Morya Saheb. On reaching there, my brother Mahaveer has died. I have suffered injuries on the head and various parts of the body. From the Village, persons belonging to our community brought me and my brother for treatment to the house of Dr. Morya Saheb. On reaching there, my brother Mahaveer has died. I have suffered injuries on the head and various parts of the body. A Signature B Hoshiyar Singh Signature 15.10.2003 Dr. G.L. Morya, Medical Officer, Community Health Centre, Surajgarh, Jhunjhunu." C Signature D S.H.O. P.S. Surajgarh Dated 15.10.2003 Time 07:00 P.M. Camp - House Dr. Girdhari Lal Morya M.O. Surajgarh" 5. The said statement was reduced into writing at 07:10 P.M. and was sent by Sub-Inspector - Rajendra Singh, (P.W.16), S.H.O. Police Station, Surajgarh to the Police Station for registration of a case; a formal First Information Report (Exhibit-P/29) was registered on the said date (15.10.2003) at 08:00 P.M. On 16.10.2003 at 12:45 P.M. Special Report to this effect reached the Judicial Magistrate, Pilani. 6. Criminal proceedings were set into motion and the charge-sheet under Section 173 Cr.P.C. was submitted against the accused-appellants. After following due procedure, the report of the investigation under Section 173 Cr.P.C., along with the accused, was committed by the Court of the concerned Magistrate to the Court of Sessions at Jhunjhunu; the case was entrusted for trial to the Additional Sessions Judge [Fast Track], No. 2, Jhunjhunu. 7. On 04.06.2004 all the appellants were charged for various offences. 8. It is required to be noted by us that the appellants Hariram, Tarachand and Chiranji Lal were substantively charged for commission of offence punishable under Section 302 of Indian Penal Code. 9. The Charge No. 6 stated that the appellants Hari Ram, Tarachand and Chiranji Lal caused injuries on the head of Mahaveer Prasad with kulhara and kassi and thereby they committed an offence punishable under Section 302 I.P.C., whereas the appellants Omprakash, Babulal, Bhaguram and Santosh were charged for commission of an offence punishable under Section 302 read with Section 149 I.P.C. 10. The sixth charge, qua Om Prakash, Babu Lal, Bhaguram and Smt. Santosh stated that accused, Hariram and Tarachand armed with kulhara, Chiranji Lal armed with Kassi, caused injuries on the head of Mahaveer Prasad and, thus, four appellants, being members of unlawful assembly committed offence of murder with the aid of Section 149 I.P.C. 11. The appellants pleaded not guilty and claimed trial. Prosecution commenced its evidence. 12. The appellants pleaded not guilty and claimed trial. Prosecution commenced its evidence. 12. Prosecution case primarily rests upon statement made by the solitary injured eye-witness - Hoshiyar Singh (P.W.10). 13. Before we take note of other evidence led by the prosecution and evidence of Hoshiyar Singh (P.W.10), it is necessary for us to notice the medical evidence. 14. Dr. Girdhari Lal Morya (P.W.13) stated that on 15.10.2003 he was posted at Government Health Centre, Surajgarh. On the request made by the Police, he had examined Hoshiyar Singh s/o. Mohan Singh. This witness proved Medicolegal Report (Exhibit-P/25), wherein the following injuries were noticed on person of Hoshiyar Singh (PW-10):- 1. Incised wound 5 cm x 1 cm x scalp deep Lt. parietal region X-Ray Sharp A black Hole on Lt. Thigh (2) black hole on Lt. Lateral aspect of chest 2. Incised wound 3cm x 0.5 cm x scalp deep Top of Head -do- Sharp - - - 3. Incised wound 6 cm x 1 cm x Skin deep Back side of Rt. Shoulder Simple Sharp - - - 4. Lacerated wound 2.5 cm x .2 cm Lateral aspect of Lt. Upper arm Simple Blunt - - - 5. Bruise swelling 7cm x 5 cm Lateral aspect of Lt. Leg X-Ray Blunt - - - 6. Bruise 6cm x 2 cm Rt. thigh at middle Simple Blunt - - - 7. Bruise 6cm x 2 cm Rt. thigh at middle Simple Blunt - - - 8. Bruise 2cm x 2 cm Lateral aspect of Lt. Thigh Simple Blunt - - - 15. According to the Doctor., injury Nos. 1, 2 and 3 were caused by incised weapon, whereas remaining injuries were caused by blunt weapon. Injury Nos. 1, 2 and 5 were referred for the opinion of the Radiologist, and after x-ray examination, were also declared simple in nature. Hence, all these injuries on the person of Hoshiyar Singh were declared as simple in nature. 16. On the next day of occurrence i.e. 16.10.2003 at 08:45 A.M. an autopsy on the dead body of Mahaveer Prasad was conducted. On the person of Mahaveer Prasad in the Post-Mortem report (Exhibit-P/26), following injuries were found:- "1. Incised wound 11 cm x 4 cm x Bone deep with fracture of right parietal bone. 2. 16. On the next day of occurrence i.e. 16.10.2003 at 08:45 A.M. an autopsy on the dead body of Mahaveer Prasad was conducted. On the person of Mahaveer Prasad in the Post-Mortem report (Exhibit-P/26), following injuries were found:- "1. Incised wound 11 cm x 4 cm x Bone deep with fracture of right parietal bone. 2. Incised wound 8 cm x 1.5 cm x bone deep, brain matter came out with fracture of occipital bone at occipital region 2-1/2" above to neck. 3. Incised wound 5 cm x 1.5 cm x bone deep with fracture of left parietal bone, behind and above to left ear. 4. Abrasion 3cm x2cm on the right knee. 5. Abrasion 4cm x2cm on the left knee. 6. Abrasion 1cm x5cm at right upper arm." 17-18. All the above said injuries were found by the witness to be ante-mortem in nature. As per opinion of this witness cause of death was shock due to injury to the vital organ the brain.19. Sitaram (P.W.1) and Tarachand (P.W.2) were examined to prove Inquest/Panchnama (Exhibit-P/2) as they had identified the dead-body of Mahaveer Prasad. Tarachand (P.W.2) had also attested (Exhibit-P/3), whereby clothes of Mahaveer Prasad were taken into possession by the Police. He had also attested (Exhibit-P/5) whereby blood stained earth and simple earth were taken into possession by the Police. Mohar Singh (P.W.3) and Pawan Kumar (P.W.4) had not supported the prosecution case and were declared hostile. Constable - Jaisingh (P.W.5) and Constable Ghanshyam (P.W.6) were examined to prove recovery memo (Exhibit-P/12) whereby "rapra" weapon was recovered from accused Omprakash. Ashok Kumar (P.W.7) s/o Hoshiyar Singh (P.W.10), complainant appeared in the witnessbox to say that on the camel-cart, his uncle Mahaveer Prasad and father Hoshiyar Singh were brought to the residence of Dr. Morya. He brought them in a camel-cart to the hospital at Surajgarh, where Dr. Morya had declared Mahaveer as dead. To similar effect is the statement of Surendra Kumar (P.W.8) son of Mahaveer Prasad. Lady Constable - Smt. Renu appeared as witness (P.W.9) to prove arrest of Smt. Santosh accused on 13.01.2004 vide arrest memo (Exhibit-P/14). This witness deposed that Smt. Santosh got one bamboo stick, recovered vide memo (Exhibit-P/15). Santosh Kumar (P.W.11) proved photographs of the spot. Harphool (P.W.12) stated that in his presence, nothing was recovered from the accused and Police had prepared no site-plan. This witness deposed that Smt. Santosh got one bamboo stick, recovered vide memo (Exhibit-P/15). Santosh Kumar (P.W.11) proved photographs of the spot. Harphool (P.W.12) stated that in his presence, nothing was recovered from the accused and Police had prepared no site-plan. This witness was also declared hostile by the prosecution. Rohitash Kumar (P.W.14) had carried sealed packets from the "malkhana" to the State Forensic Science Laboratory. Constable - Pradeep Kumar (P.W.15) was In-charge of the "malkhana". He had handed over the sealed packets to Rohitash Kumar (P.W.14) for depositing the same in the State Forensic Science Laboratory. Rajendra Singh (P.W.16) being Investigating Officer proved, recording of the statement of Hoshiyar Singh (P.W.10), registration of the case, recovery of weapons from the various accused. This witness has proved various facets of the Investigation, including preparation of the site-plan and getting the spot photographed. Jagdish Kumar (P.W.17) at the relevant time was posted as "Patwari" of the Area. He had prepared site-plan of the spot. This witness stated that after tracing out from the revenue record, he had handed over the site-plan of the Khata No. 18 of the land and Jamabandi (Exhibit-P/43-A).20. Having noted the prosecution evidence briefly, we shall now revert back to the testimony of injured - Hoshiyar Singh (P.W.10) in whose presence injuries were caused to Mahaveer Prasad, deceased.21. Hoshiyar Singh (P.W.10) deposed in the Court that on 15.10.2003 at about 04:30-04:45 P.M. he was spreading soil in his field from his camel-cart, and at that time his brother, Mahaveer Prasad was ploughing the field. At the relevant time, accused Chiranji Lal, Tarachand, Bhagu Ram, Babulal, Hariram, Omprakash and Smt. Santosh wife of Hariram were standing near the field. They asked for passage to their field for ingress and outgress. Mahaveer Prasad refused the same due to which verbal altercation took place. The witness also reached there and asked as to what was happening. All the accused started beating. Hariram and Tarachand were armed with kulhara, Omprakash was armed with a "rapra ", Chiranji Lal was armed with Kassi, Babulal was armed with a jely. Bhaguram was armed with a "danda " and Smt. Santosh wife of Hariram were armed with "rapra ". Suddenly, they started beating Mahaveer Prasad and caused injuries on his head and chest. The witness stated that he cannot tell as to which accused caused which injury. Bhaguram was armed with a "danda " and Smt. Santosh wife of Hariram were armed with "rapra ". Suddenly, they started beating Mahaveer Prasad and caused injuries on his head and chest. The witness stated that he cannot tell as to which accused caused which injury. However, Mahaveer had suffered four kulhara and rapra injuries on his head. Due to the injuries caused, his brother fell on the ground. When he went to intervene the accused also beat him. The witness suffered two kulhara blows on his head; one on the back and another on the left foot. The witness suffered rapra injury in the left hand, and injury with lathi and jely on the waist. Bhagu Ram and Chiranji Lal caught hold of both his hands, then Ratti Ram son of his 'bhua' (paternal aunt) came; he separated them from the accused. After causing injuries, the accused ran away from the spot. Ratti Ram brought the witness and Mahaveer, on the camelcart, to their house in the Village. The family members then brought them to the Hospital at Surajgarh. Since the hospital was closed, they brought them to the residence of Dr. Morya. Dr. Morya declared his brother, Mahaveer, as dead. The Police came at the residence of Dr. Morya, wherein the "parcha-bayan (Exhibit-P/17) was recorded. This witness was referred to the Government Hospital where he was admitted; his brother's dead-body was kept in the Varandah of the Hospital. This witness stated that the Police had taken his brother's clothes into possession and had handed over his brother's dead-body vide receipt (Exhibit-P/18). The Police had also taken into possession blood stained and simple earth from the spot. In the cross-examination, this witness stated that it was the sowing season and sowing and cutting of crop was going-on in the nearby field. He stated that wheat, grain and mustard were being sown in the nearby fields. This witness admitted that people were working in the adjoining field.22. In cross-examination, this witness further stated that Mahaveer suffered four injuries on the head caused by Kulhara and rapra. However, this witness could not explain the reason as to why this fact was not stated in statement (Exhibit-P/17) and statement (Exhibit-D/2) recorded under Section 161 of the Code of Criminal Procedure, 1973.23. We have heard Mr. Shailender Balwada, the learned counsel appearing for the accused-appellants in both the appeals, and Mr. However, this witness could not explain the reason as to why this fact was not stated in statement (Exhibit-P/17) and statement (Exhibit-D/2) recorded under Section 161 of the Code of Criminal Procedure, 1973.23. We have heard Mr. Shailender Balwada, the learned counsel appearing for the accused-appellants in both the appeals, and Mr. N.S. Dhakad, the learned Public Prosecutor, appearing for the State, as well as, we have perused the impugned judgment, and the material available on record.24. present case, the Special Report reached the Illaqa Magistrate, sixteen hours after registration of the case. Furthermore, the delay in the present case has been caused as a result of consultations and deliberations in order to inflate the number of the accused.25. Moremore, due to inimical relations, Hoshiyar Singh (P.W.10) has inflated the number of accused. Thus, he is not a reliable witness. Further, this Court cannot lose sight of the fact that Hoshiyar Singh is a solitary witness of the occurrence and no implicit reliance can be placed upon his testimony in order to uphold the conviction of all the appellants.26. It is argued by the learned counsel that in the present case, the occurrence was a sudden affair, and same occurred at the spur of moment, without any premeditation, when the accused had requested deceased, Mahaveer, for allowing them a passage to their fields. It is further argued before us by the learned counsel that before the occurrence there was verbal altercation between Mahaveer and the accused. Therefore, the offence will not fall under Sections 302 I.P.C. but under Section 304 I.P.C.27. To repel the contentions of Mr. Balwada, Mr. Dhakad, has submitted that the presence of Hoshiyar Singh (P.W.10) at the spot is stamped as he has also suffered injuries on his person; he is a most reliable witness as he was expected to be present in his fields.28. We have given our thoughtful consideration to the rival submissions advanced before us.29. In the statement (Exhibit-P/17), no weapon has been assigned to Bhaguram.30. In the Post-Mortem Report (Exhibit-P/26), a total of six injuries have been found on the person of Mahaveer Prasad. Injury Nos. 1 to 3 have been caused with incised weapon on the parietal occipital region leading to fracture of right parietal bone, occipital bone and left parietal bone. Injury No. 4 is an abrasion of size 3x2 cm on the right knee. Injury Nos. 1 to 3 have been caused with incised weapon on the parietal occipital region leading to fracture of right parietal bone, occipital bone and left parietal bone. Injury No. 4 is an abrasion of size 3x2 cm on the right knee. Injury No. 5 is an abrasion of dimension of 4x2cm on the left knee, and whereas injury No. 6 is an abrasion of 1x.5 cm present on the right upper arm. 31. Considering the dimensions of the abrasions on the right knee and left knee, and the upper arm, we have no doubt that these injuries can be as a result of a fall. Even otherwise, for the six injuries on the person of deceased, complainant has named seven persons as accused, including Santosh wife of Hariram.32. Since possibility of injury Nos. 4, 5 and 6 as a result of fall cannot be ruled out, we are left with three effective injuries on the head of deceased Mahaveer Prasad.33. It is to be noted here that considering the case which had emerged in the investigation the trial Judge had framed the substantive charge of murder against Hariram, Tarachand who were armed with kulhara, and Chiranji Lal who was armed with kasia. In a very illustrative manner this fact has been stated in Charge No. 6 framed against Omprakash, Babulal, Bhaguram and Smt. Santosh with the aid of Section 149 I.P.C. for offence of murder.34. A glance of the injury report (Exhibit-P/25) of Hoshiyar Singh (P.W.10) reveals that he had also suffered three incised injuries, out of which injury Nos. 1 and 2 were on the head, and injury No. 3 was on the shoulder. Injury Nos. 4 to 8 on Hoshiyar Singh (PW-10) were caused by blunt weapon and were swelling and bruise on the non-vital parts of the body. Thus, these injuries can also be caused from the reverse side of kulhara and kasia by the author of injuries No. 1 to 3 on person of Hoshiyar Singh (PW-10).35. Injury Nos. 4 to 8 on Hoshiyar Singh (PW-10) were caused by blunt weapon and were swelling and bruise on the non-vital parts of the body. Thus, these injuries can also be caused from the reverse side of kulhara and kasia by the author of injuries No. 1 to 3 on person of Hoshiyar Singh (PW-10).35. Taking into account the nature of injuries on the person of deceased, Hoshiyar Singh (P.W.10), we cannot be oblivious of the fact that in the present case, occurrence had taken place on 15.10.2003 at 04:30 to 04:45 P.M., case was registered on the same day at 08:00 P.M. and the Special Report to this effect had reached the concerned Judicial Magistrate on the next day i.e.16.10.2003 at 12:45 P.M.36. What is the effect of delay in reaching of special report, this question has been raised by the counsel for the appellants to urge that we should throw out the entire case of the prosecution.37. Taking totality of evidence which has emerged before us, we are of the considered opinion that delay in reaching of special report, per se, is not fatal to the case of the prosecution.38. The Hon'ble Supreme Court in the case of Bijoy Singh & Anr. v. State of Bihar [ (2002) 9 S.C.C. 147 ] , while considering the effect of delay in reaching of special report, has observed as under:- "6. This Court in Meharaj Singh (L/Nk.) v. State of U.P. held that FIR in a criminal case and particularly in a murder case, is a vital and valuable piece of evidence for the purpose of appreciating the evidence led at the trial. The object of insisting upon lodging of the FIR is to obtain the earliest information regarding the circumstances in which the crime was committed, including the names of the actual culprits and the parts played by them, the weapons, if any, used as also the names of the eyewitnesses, if known to the informant. Delay in lodging the FIR often results in embellishment, which is a creature of an afterthought. 7. Sending the copy of the special report to the Magistrate as required under Section 157 of the Criminal Procedure Code is the only external check on the working of the police agency, imposed by law which is required to be strictly followed. Delay in lodging the FIR often results in embellishment, which is a creature of an afterthought. 7. Sending the copy of the special report to the Magistrate as required under Section 157 of the Criminal Procedure Code is the only external check on the working of the police agency, imposed by law which is required to be strictly followed. The delay in sending the copy of the FIR may by itself not render the whole of the case of the prosecution as doubtful but shall put the court on guard to find out as to whether the version as stated in the court was the same version as earlier reported in the FIR or was the result of deliberations involving some other persons who were actually not involved in the commission of the crime. (Emphasis supplied). Immediate sending of the report mentioned in Section 157 CrPC is the mandate of law. Delay wherever found is required to be explained by the prosecution. If the delay is reasonably explained, no adverse inference can be drawn but failure to explain the delay would require the court to minutely examine the prosecution version for ensuring itself as to whether any innocent person has been implicated in the crime or not. Insisting upon the accused to seek an explanation of the delay is not the requirement of law. (Emphasis supplied). It is always for the prosecution to explain such a delay and if tendered, no adverse inference can be drawn against it. 8. In the instant case, the copy of the report referred to in Section 157 CrPC is shown to have been received by the Magistrate on 27-8-1991. Even though there is a mention in the FIR that its copy was sent through special messenger, yet no date or time of sending the said report is mentioned. The Magistrate, receiving the copy of the report, has also not noted the time of its receipt on 27-8-1991. We are of the opinion that the Magistrate receiving reports under Section 157 CrPC, particularly when it relates to the commission of the heinous crime are required to note not only the date but also the time of the receipt of the copy thereof. Mr. We are of the opinion that the Magistrate receiving reports under Section 157 CrPC, particularly when it relates to the commission of the heinous crime are required to note not only the date but also the time of the receipt of the copy thereof. Mr. B.B. Singh, learned counsel appearing for the State has pointed out the existence of various circumstances which may perhaps be the cause of delay in sending the copy of the report and its receipt by the Magistrate but surely there is a difference between the "may be"and "must be". The prosecution has apparently failed to explain the delay in sending the copy of the said report in terms of Section 157 CrPC to the Magistrate of the area. This aspect has been highlighted by the learned counsel for the appellant to contend that many of the accused were innocent and wrongly roped in the case allegedly on account of enmity existing between the complainant and the accused party. There is some substance in such a submission. " 39. In the light of the observations, made by the Hon'ble Supreme Court in the case of Bijoy Singh (supra), we cannot rule out that in the present case, testimony of eyewitness suffers from embellishment, and as result of after thought improvement has been made. Thus, by applying rule of prudence, we shall sift the grain from the chaff.40. Therefore, taking totality of circumstances, delay in reaching of Special Report, nature of injuries on the person of Mahaveer, more particularly the fact that injury Nos. 4, 5 and 6 are abrasions of very small dimensions, we are of the view that it is necessary for us to rule out over implication of accused on the part of the witness Hoshiyar Singh (PW-10).41. Consequently, we uphold the conviction of appellants, Hariram, Tarachand and Chiranji Lal being responsible for having caused death of Mahaveer Prasad and the injuries to Hoshiyar Singh (P.W.10). However, we extend the benefit of doubt to the appellants, Bhaguram, Babulal, Omprakash and Smt. Santosh Devi, especially when no specific injury has been attributed to them.42. We may also notice that Omprakash in the instant F.I.R. was allegedly armed with randa. However, we extend the benefit of doubt to the appellants, Bhaguram, Babulal, Omprakash and Smt. Santosh Devi, especially when no specific injury has been attributed to them.42. We may also notice that Omprakash in the instant F.I.R. was allegedly armed with randa. Babulal, Chiranji Lal and Smt. Santosh were armed with jely, randa and rapra respectively, and no weapon was assigned to Bhaguram in the F.I.R. Nature of weapon assigned in the F.I.R. also exclude involvement of Omprakash, Babulal, Bhaguram and Smt. Santosh.43. As a result of aforesaid discussions, D.B. Criminal Appeal bearing No. 98/2005 is dismissed, qua Tarachand and Chiranji Lal. However, the same is accepted, qua Babulal and Omprakash. Similarly, D.B. Criminal Appeal bearing No. 262/2005 is dismissed, qua Hariram and is, hereby, accepted in respect of appellants - Bhaguram and Smt. Santosh.44. Consequently, the conviction of Hariram, Tarachand and Chiranji Lal is converted from Section 302/149 I.P.C. to Section 302/34 I.P.C. Similarly, their conviction for offence under Sections 148, 447/149, 323/149, 324/149, 307/149 and 302/149 I.P.C. is also converted to Sections 447/34, 323/34, 324/34, 307/34 and 302/34 I.P.C. However, the sentences awarded by the trial Court, upon the appellants, qua the counts converted is, hereby, maintained.45. However, the appellants are acquitted of offence punishable under Section 148 I.P.C. The judgment of conviction and order of sentence pronounced by the trial Court against the appellants, namely Babulal, Omprakash, Bhaguram and Smt. Santosh are set aside and they are acquitted of the charges.With the above modification in the offences and sentences, both these appeals stand disposed of.Let a copy of this order be placed in the connected appeal.Appeal No. 98/2005 and 262/2005 partly allowed. *******