K. C. SHARMA, J.

( 1 ) BOTH the criminal appeals, one by 8 accused-appellants against their conviction and another by the state Rajasthan against acquittal of accused-respondent Ghasi arise out of judg, ment and order dated 26-8-1997 thereby acquitting accused-respondent Ghasi of the offence under Sections 148, 323, 324, 325 and 302/149,1. P. C. and convicting and sentencing the accused-appellants inappeal no. 381/97 in the manner stated below :

( 2 ) AS per the prosecution case, PW-10 jagdish Prasad Sharma, ASI, Police Station, rajgarh recorded the Parcha Bayan (Ex. P3)of injured Dhanna S/o Sedu Ram in Referal hospital, Rajgarh on 12-11-1993 at 9. 00 p. m. The injured in his Parcha Bayan alleged that on the day of incident at about 4. 00 pm. when he and his brothers Ganesh, chuttan and Ram Kishan were present at their house, all of a sudden accused kanhaiya, Ranglal, Dhanpal, Ghasi, Bodha, mst. Kaushlya, Gulab w/o Dhanpal, Shanti w/o Kanhaiya, Nahni w/o Ranglal and one more lady (wife of one Netram) dame there duly armed with Lathis and Barchi. Soon their reaching, accused Kanhaiya inflicted an axe (Tanchya) blow on his head, as a result thereof, blood oozed out from} his