LAW FOR ALL

The medical evidence would also indicate that Khushal had been very severally beaten. But at the same time, it can not be said to be an assault with intent to kill. There was hardly a bone in his body that was not broken. The number of injuries caused to Khushal clearly shows that the assault was premeditated. All the injuries were lacerated and caused by blunt weapons. None of the witnesses could say if any injury had been caused by Katti (sickle). According to Dr. Chaudhari, PW 3, the head injury could be the result of a rider falling from the motorcycle. when considered from all angles leads to a conclusion, beyond reasonable doubt, that Khushal was a victim of a premeditated assault by all the appellants with their respective weapons. 20. However, given the nature of weapons used, the location of the injuries and the nature of the injuries caused, it would not be possible to hold that the appellants shared a common object of causing the murder of Khushal. In our opinion, the accused had merely decided to teach him a lesson for having a quarrel with PW 2 on the previous day. They, therefore, appear to have made up their mind to give him a good thrashing for acting “a bit smart”. In such circumstances, it would not be possible to uphold the conviction of the appellants under Section 302 IPC. However, at the same time, the nature of injuries cannot be said to be superficial. It has come in evidence that numerous bones in the legs and arms of Khushal had been broken. The injuries being grievous in nature, the offences committed by the appellants would fall within the mischief of Section 326 IPC. 21. In view of the above, the appeals are partly allowed and the conviction of the appellants under Section 302 is set aside. Instead thereof, they are convicted under Section 326/149 IPC. For the offences under Section 326/149 IPC, the appellants are hereby sentenced to undergo Rigorous Imprisonment for seven years. The conviction and sentence recorded by the courts below under any other sections of IPC are maintained. 22. The appeals are partly allowed, as indicated above.