SUNIL KUMAR GARG, J.

( 1 ) THIS appeal has been filed by the accused appellant against the judgment and order dated 4/6/1987 passed by the learned Session Judge, Merta in Sessions Case No. 41/83 by which he convicted the accused appellant for the offence under sections 316, 447 and 325 IPC in place of 307 IPC and sentenced him in the following manner: All the substantive sentences were ordered to run concurrently.

( 2 ) IT may be stated here that by the same judgment and order, the learned sessions Judge acquitted the accused appellant and two accused persons, namely, Ruparam and Tejaram for the offence under sections 457,448 and 323 IPC and also acquitted the two accused persons Ruparam and Tejaram for the offence under sections 316/34, 307/34 and 325/34 IPC, but convicted these two accused persons for the offence under section 447 IPC, but for that offence, they were sentenced with a fine of Rs. 250. 00, in default of payment of fine, to undergo one month imprisonment.

( 3 ) IT arises in the following circumstances:on 31/3/1983 at about 10. 00 AM, P. W. 2 Harinath lodged a report Ex. P/1 before the Police Station Padukalla District Nagaur stating inter-alia that on the