JUDGMENT

S.B. Sinha, J.—This appeal is directed against the judgment and order dated 19.03.2004 passed by Rajasthan High Court whereby and whereunder an appeal preferred by the Appellant herein against the judgment and order of conviction and sentence passed against him under Sections 147, 302 and 323/149 of the Indian Penal Code (for short, ‘IPC’) was converted to conviction under Section 302 IPC simpliciter.

2. The prosecution case as disclosed in the First Information Report is as under :

One Pratapa (PW-5) lodged a written report at about 2.00 p.m. on 14.3.1998 before the S.H.O., Police Station Bagoda, District Jalore, stating that at about 9.00 a.m. on the said day while he was going with his brothers Hanja (PW-1), Vasna (deceased) and Raimal (PW-4) from his dhani towards Oran for the purpose of grazing the cattle and when they had been passing through the field of the accused Sonaram, the Appellant herein together with Bhagirath, Kisana Ram, Naringa, Poonmaram and Bhikhram, who were hiding themselves in the field, assaulted them with lathies. Whereas the Appellant Jalaram is said to have given a lathi blow on the head of the deceased. Bhagirath gave a lathi blow on the head of P