JUDGMENT

Dr. B.S. CHAUHAN, J.

1. These appeals have been preferred against the impugned judgment and order dated 20.9.2005, passed by the High Court of Judicature of Rajasthan at Jodhpur (Jaipur Bench) in D.B. Criminal Appeal Nos.1454 and 1458 of 2002, by way of which, the High Court has converted the conviction of the respondents herein, from one under Sections 302/149 of Indian Penal Code, 1860 (hereinafter referred to as `the IPC’) and Section 148 IPC to another under Section 323 IPC, and the sentence awarded by the Sessions Court to life imprisonment with fine, has also been substituted by a sentence of one year.

2. Facts and circumstances giving rise to these appeals are that:

A. A complaint was submitted by Batti Lal (PW.1) in the Police Station, Bamanwas on 28.8.2000 at about 9 a.m., that on the said day, his brother Prahlad (since deceased), had been grazing buffaloes. The respondents herein alongwith one Mahesh, absconder, had attacked Prahlad and inflicted injuries on his person. Mahesh had hit Prahlad on the head with a rod, whereas the respondents had inflicted injuries with lathis. Kedar-accused had tried to push Prahlad to crush him under the tractor driven by the accuse