S. S. BYAS, J.

( 1 ) THE appeal is. Directed against the judgment dated September 14,. 1987, by which the Sessions Judge, Bundi convicted two (Gopal and Bala) of the seven appellants under section 302, IPC and the remaining five (Hira, Banjranga, Ram Chander, Bhenru and Badrilal) under sections 302/149, IPC and sentenced each of them to imprisonment for life with a fine of Rs. 100. 00 and in default of payment of fine to further undergo two monthst imprisonment. By the same judgment, he further convicted all of them under sections 148, 323 or 323/149, IPC and sentenced each of them to one yearts rigorous imprisonment with a fine of Rs.-50/- and three months imprisonment witlt a fine of Rs. 25/- under the respective counts. The substantive sentences were directed to run concurrently.

( 2 ) THE prosecution case is short and simple and may briefly be summarised as under:

( 3 ) APPELLANTS Hira, Bala, and Badri are the real brothers of the deceased victim Laxman. Appellants Gopal, Bajranga and Ram Chandra are sons of Hira. Appellants Bheniu is the son of appellant Bala They are all residence of village Mohipura, district Bundi. They and the deceased were thus in close relationship. P. W. 1 Bhanwar Lal and P. W. 4 Parashram are the sons of deceased Laxman.

( 4 ) AT about 6. 00 p. m. on 16/12/1985, P. W. 1 Bhanwarlal was coming from his field to go to his house. When he reachsd near the house of accused Bala, Bala abused him and told him that his brother Parashram was stealing sugar-canes from his field. P. W. 1 Bhanwarlal raised protest and told that the accusation of stealing sugar-canes was false. At that very moment the other accused persons came out of the house of appellant Bala armed with lathis. Accused Gopal had a Saliyat. All the seven accused persons started beating Bhanwarlal. Bhanwatlal raised cries. His father Laxman and his brother Parashram, P. W. 4 came to his rescue. The accused persons did not spare them too. Accused Gopal struck a blow of his Saliya on the head of Laxman. Accused Bala also struck a blow of his Lathi on the head of Laxman. Laxman fell down. There was profuse bleeding from his wounds. P. W. 4 Parashram was also assaulted and belaboured. P. W. 5 Keshra and P. W. 9 Bhanwarlal also arrived there. The accused then retired and went away. Laxman was taken in a bullock cart to Police Station Taleda where P. W. 1 Bhanwarlal verbally lodged a report Ex P 11 of the incident at about 8. 20 p. m. The police registered a case under sections 307, 147 and 323. IPC. Since the condition of Laxman was rapidly deteriorating, he was taken to the Government Hospital, Bundi and was admitted there for treatment. P. W. 12 Jagdish Prasad, Investigating Officer went to the General Hospital, Bundi and recorded the statement (Ex. P/19) of Laxman at about 4 a. m. On 17/12/191s5. He however did not survive and passed away at about 7. 15 a. m. on 17/12/1985. The Police added section 302, IPC during investigation. The Investigating Officer prepared the inquest report, visited the site and prepared the site-plan, Ex. P/2. The post-mortem examination of the victims dead body was conducted by the Medical Jurist Dr. Chobisha, P. W. 14. He noticed the following ante-mortem injuries on the victims dead body: External Injuries: 1. Lacerated wound 11/2 x 1/2 1 x 1/2 on scalp-mid line in frontal region. 2. Abrasion 1 x 1/2 on outer side of left knee ankle. 3. Abrasion 1 x 1/2 on (medial side of left below melliain. 4. Abrasion 1/2 x 1/2 below Rt. knee. 5. Abrasion 1/21 x 1/2 on medial side of Rt. knee. 6. Swelling on Rt. side of scalp in front temporal region. Size 2 x 2. 7. Swelling on scalp in occipital region on right side. Internal Injuries: Comminuted fracture of frontal, temporal and parietal bones. In the opinion of Dr. Chobisa, the cause of death of Laxmdn was head injury. The postmortem examination report prepared by him is Ex. P/27. The injuries of Parashram and Bhanwarlal were also examined by Dr. Chobisa. Simple inju