1. - The appellants, three in number (herein after referred as to the 'accused') along with one Rewar Ram, were indicted before the learned Additional Sessions Judge (Fast Track) Jaipur District Jaipur in Sessions Case No.53/2001. Learned Judge vide judgment dated September 10, 2002 convicted and sentenced the appellants as under :Suresh and Smt. Naraini : U/s. 302 Indian Penal Code :

Each to suffer Imprisonment for life and fine of Rs. 5000/- , in default to further suffer Simple Imprisonment One Year.
U/s 341/34 Indian Penal Code :

Each to suffer Simple Imprisonment for One Month and fine of Rs. 100, in default to further suffer Simple Imprisonment for Five Days.
U/s 323/34 IPC

Each to suffer Simple Imprisonment for Six Months and fine of Rs. 200/- , in default to further suffer Simple Imprisonment for One Month.
U/s 324/34 IPC

Each to suffer Simple Imprisonment for One Year and fine of Rs. 500/- , in default to further suffer Simple Imprisonment for Two Months.
Meera :U/s. 302/34 IPC

To suffer Imprisonment for life and fine of Rs. 5000/- , in default to further suffer Simple Imprisonment for One Year.
U/s 341/34 Indian Penal Code :

To suffer Simple Imprisonment for One Month and fine of Rs. 100/ - , in default to further suffer Simple Imprisonment for Five Days.
U/s 323/34 IPC

To suffer Simple Imprisonment for Six Months and fine of Rs. 200/- , in default to further suffer Simple Imprisonment for One Month.
U/s 324/34 Indian Penal Code :

To suffer Simple Imprisonment for One Year and fine of Rs. 500/- , in default to further suffer Simple Imprisonment for Two Months.
The substantive sentences were directed to run concurrently.

2. A written report (Ex.P - 15) was submitted on February 25, 2001 at the Police Station Chandwaji by Ganga Ram (Pw.7) with the averments that on a land of joint ownership the branches of babool were being cut by Ram Narayan and his wife Janki, whereupon Suresh, Rewad, Naraini, Meera, Raju came armed with lathis and axes and asked Ram Narayan as to why he was cutting the tree. When Janki insisted to cut the tree she was given beating by Narayani, Meera and Raju. On hearing cries while Gulla Ram came running to intervene Suresh and Narayani gave blows with axe on his leg. Meera and Rewar also inflicted blows with axe and lathi. Injured Gulla Ram was taken to the hospital. Initially case under sections 147, 148, 149, 307, 341 and 323 Indian Penal Code was registered but after the death of Gulla Ram section 302 Indian Penal Code came to be added. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jaipur, District, Jaipur. Charge under Sections 341/34. 323/34, 324/34 and 302 Indian Penal Code were framed against Suresh and Smt. Narayani and against Rewar and Meera under sections 341/34, 323/34, 324/34 and 302/34 IPC. The accused denied the charges and claimed trial. The prosecution in support of its case examined as may as 28 witnesses. In the explanation under section 313 Criminal Procedure Code, the accused claimed innocence and stated that after compromise the tree of Babool came in their share and when the complainant party was cutting the tree they objected. They did not cause injuries and cross report was lodged by them. Two witnesses were examined by the accused in defence. Since Rewar died during the pendency of trial, proceedings were dropped against him. Learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated herein above.

3. The fact that death of Gulla Ram was homicidal has not been disputed. The Post-Mortem on the dead body of Gulla Ram was performed by Dr. Kishan Lal Dhanka (Pw.20) vide Autopsy Report (Ex.P - 18), according to which deceased sustained following ante mortem injuries:-

"(1) Incised wound (chopped) of size 8.0 cm x 3.0 cm x bone deep on lower ⅓ of left leg posterior surface 20.0 cm from about left heel with clean cut margin and transversely placed wi