1. 1. This criminal appeal is directed against the judgment of learned Additional Sessions Judge Bundi dated 22/7/1987 whereby accused-appellants Kesrilal and Gobrilal were convicted for offence under Section 326 Indian Penal Code and each of them were sentended to undergo rigorous imprisonment for two years with fine of Rs. 500/- with the further stipulation that in default of payment of fine, they shall have to undergo rigorous imprisonment of three months. Accused-appellant Kishanlal however was convicted for offence under Section 324 Indian Penal Code and sentenced to rigorous imprisonment of three months.

2. The factual matrix of the case is that a first information report was lodged by one Mangilal on 20/6/1986 at P.S. Kapren, District Bundi inter-alia alleging therein that at 5-6 pm on that day, he along with his brother Ramswaroop had gone to the pond to collect sand where accused Kishanlal S/o Dhanna, Kesra S/o Kishanlal, Babu S/o Chaturbhuj, Chaturbhuj S/o Dhanna, Gobri Lal S/o Udha, Sohanlal S/o Dhanna and Bodiram S/o Kanha were sitting armed with 'kulhadis', 'kudali' and 'gandasis'. Kesra inflicted kulhadi blow on the head of Ramswaoop, Kishanlal inflicted kudal