1. - This appeal is filed by the accused-appellant challenging the judgment dated 9.9.1985 passed by Additional Sessions Judge, Rajsamand in Sessions Case No. 38/1984 convicting the accused appellants under Section 307 Indian Penal Code and sentencing him to suffer R.I. for four years on the grounds mentioned in the memo of appeal and as also verbally canvassed before me.

2. With the assistance of the learned Counsel for the accused-appellant and learned Public Prosecutor I have scrutinised the record and reappreciated the evidence on record.

3. The prosecution story as it emerges from Rreappreeiation of the evidence on record is that; on 20.6.1984 in the afternoon at about 2:00- 3:00 PM, Girvar Singh and Shel Singh were coming from the field, at that time near the Dobari-Ke-Dhora, five persons and Bhanwar Singh with the intention to beat Girvar Singh collected and beat Girvar Singh and his brother Vensingh, as a result of which Girvar Singh and Ven Singh received injury by blunt weapon and Lathies. Jabbar Singh had a Kulhadi and others had Lathies. On 20.6.1984 in the evening at about 5.30. Ven Singh lodged a report about the incident at the police station, Charbhuja. The p