1. - This appeal is directed against the judgment of learned Sessions Judge, Pali dated 1.10.1990 whereby the learned Sessions Judge has held the accused Ghewar Ram guilty of the offences Under Sections 302 read with Section 325 and 323 Indian Penal Code. For the offence Under Section 302 Indian Penal Code, he has been sentenced to imprisonment for life alongwith a fine of Rs. 500/- and in default to undergo three months' RI. For the offence under Section 325 Indian Penal Code, he has been sentenced to five years' RI alongwith a fine of Rs. 500/- and in default to undergo three months' RI. For the offence under Section 323 Indian Penal Code, he has been sentenced to one year's RI. It has been ordered that all the sentences shall run concurrently.

2. Facts necessary to be noticed for the disposal of this appeal briefly stated are : that accused Ghewar Ram is the real nephew of deceased's husband Shri Mishra Ram. Ghewar Ram's father Hema Ram and Mishra Ram were real brothers. Mishra Ram died before about ten years of the occurrence leaving behind Smt. Lakudi and two sons Bagda Ram and Rama. Their fields are adjacent to each other. There is an opening in their fields which is