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(Delivered on 25/03/2022) Per Rajeev Kumar Shrivastava, J.:

Appellants in CRA No.1025/2010 were tried in Session Trial No.167 of 2010 and appellants in CRA No.1030/2010 were tried in Session Trial No.55 of 2010, but the incident is one and the same, therefore, they are heard analogously and are being disposed of by this common judgment. (2) CRA No.1025 of 2010 is preferred under Section 374 of CrPC against the judgment of conviction and order of sentence dated 30.11.2010 passed by Third Additional Sessions Judge, Bhind in Session Trial No.167 of 2010 and CRA No. 1030/2010 has been preferred under Section 374 of CrPC against the judgment of conviction and order of sentence dated 30.11.2010 passed by Third Additional Sessions Judge, Bhind in Session Trial No.55 of 2010, whereby appellant No.2 Ajmer Singh and appellant No.3 Omkar Singh in (CRA No.1025 of 2010) have been convicted under Section 324 of IPC and appellant No.5 Ranveer Singh, appellant No.4 Jitendra Singh and appellant No.1 Rahul Singh have been convicted under Section 324/149 of IPC and sentenced them to undergo RI for 3-3 years each with fine of Rs.200-200/-each with default stipulation and appellant no.5 Ranveer Singh, appellant No.4 Jitendra Singh and appellant No.1 Rahul Singh have been further convicted under Section 323 of IPC and appellant No. 2 Ajmer and appellant No.3 Omkar Singh have been convicted under Section 323/149 of IPC and sentenced to undergo one year RI each. Both sentences have been directed to run concurrently. All the appellants were acquitted of offence under Sections 452, 294 and 506-B of IPC.

(3) Appellant No.1 Bhan Singh, appellant No.2 Vedram, appellant No.3 Devendra Singh, appellant No.4 Indraveer Singh and appellant No.5 Vishwanath in CRA No. 1030 of 2010 have also been convicted under Section 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000-1,000/- each with default stipulation. Under Section 148 of IPC, sentenced to undergo RI for 3-3 years each and under Section 324/149 of IPC sentenced to undergo RI for 3-3 years each and under Section 323/149 of IPC to undergo RI for 1-1 year each. All the sentences have been directed to run concurrently. All the appellants have been acquitted of offence under Section 506 Part-II of IPC.

(4) Further, a report dated 3.5.2018 furnished at the instance of Station House Officer, Police Station Mihona, District Bhind that appellant No.4 Jitendra Singh, S/o Ranveer Singh in Cr.A. No.1025/2010 has expired on 5.12.2017. Accordingly, by order dated 11-7-2018, his appeal has been dismissed as abated. (5) Admitted facts of the case are that cross-cases were registered against both the parties wherein, both the parties have been convicted by the trial Court.

(6) Facts of the case, in brief, taken out from Cr.A. No.1025/2010:- The prosecution story, in short, is that on 12.01.2010 at about 8:30 PM, some altercation took place at the house of complainant Bhan Singh between Devendra and Gajendra, but the matter was not reported. Thereafter, when complainant was sitting in front of his house, Uday Singh (deceased) abused him. When he resisted, Uday Singh and Ajmer Singh duly armed with deadly weapons came there and started beating Vishwanath and Uday Singh caused injury on his head. Ajmer inflicted lathi blows on his head. At the same time, Jitendra and Omkar reached there, armed with lathi and farsa and beaten Kunwar Singh. When Vedram reached on the spot, he also was beaten by Omkar Singh, Rahul and Ranveer by lathi. Shivram Singh and Nanheraja were present at the time of incident. FIR was lodged and the matter was investigated. After completion of investigation, the charge sheet was filed. (7) Facts of the case, in brief, taken out from Cr.A. No.1030/2010:- Prosecution story, in a nutshell, is that some altercation took place before 15 days of the incident between Gajendra Singh and Devendra Singh and Devendra Singh had beaten up with a stick, for which no report was made. Due to that enmity, on 12.01.2010 at about 8.30 pm, in the field of complainant Jitendra Singh at Village Bhakoti, Vishwanath Singh and Bhan Singh came there and started abusing. When he resisted, Uday Singh also came there. Vishwanath caused injury on the head of Uday Singh by means of axe. Bhan Singh inflicted a lathi blow to complainant Jitendra. At the same time, Indraveer and Devendra reached there, armed with lathi and axe and committed marpeet with family members of Jitendra, namely, Ajmer and Omkar Singh, by which Omkar sustained injuries on his head and body. Ajmer sustained injuries on his head. At the same time, Rahul Singh, Raghav and Smt. Pushpa reached there to save their family members, who were also beaten by Indraveer, Devendra and Vedram by axe. Vedram caused lathi blow to Ranveer. Atar Singh and Munna also reached there. During the incident, Uday Singh was died. FIR was lodged for offences under Sections 324, 323, 451, 294, 506 Part II of IPC. Later on, Section 302 of IPC was enhanced. After completion of investigation, the charge sheet was filed. (8) The Trial Court framed charges against the accused- appellants in S.T. No.167/2010 under Sections 452, 294, 506 Part II, 324, 323 of IPC and has convicted them under Sections 324 read with Section 149 of IPC and 323 & 323 read with section 149 of IPC and in S.T. No.55/2010 trial Court framed charges against appellants Bhan Singh, Vedram, Devendra, Indraveer Singh, Vishwanath under Sections 148, 506-II, 302/149, 323/149, 324/149 of IPC and convicted them under Sections 302/149, 148, 324/149 of IPC and 323/149 of IPC.

Section 324 of IPC reads as under:-

"324. Voluntarily causing hurt by dangerous weapons or means. --Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."