1. - Heard the learned counsel for the accused persons as well as learned Public Prosecutor for the State.

2. These two appeals arise out of judgment dated 18.10.2005 passed by learned Additional Sessions Judge, (Fast Track) No. 1, Bhilwara in Sessions Case No. 2/2005, State of Rajasthan v. Madan & Ors.

3. By the impugned judgment dated 18.10.2005, learned Additional Sessions Judge convicted accused-appellants Madan S/o Sukhdev Jat and Jagdish S/o Ram Chandra Jat, both residents of village-Salariya Kala, Police Station-Baneda, District- Bhilwara, for offence punishable under Section 302 Indian Penal Code and sentenced them to undergo imprisonment for life term, with fine Rs. 2000/- each, in default of payment whereof to further undergo two month's simple imprisonment.

4. By the same judgment impugned, accused-respondent Smt. Kanku wife of Madan Jat, resident of Salariya Kala, P.S. Baneda, District-Bhilwara was acquitted from the charges pertaining to offence punishable under Sections 302 and 120-B.

5. These two appeals by respective appellants are preferred to question the correctness of the judgment aforesaid. The accused-appellants-Madan and Jagdish have challenged under Section 374(2) Criminal Procedure Code the conviction recorded and sentence awarded against them while the State of Rajasthan has preferred appeal under Section 378 Criminal Procedure Code to challenge acquittal of accused-respondent Smt. Kanku.

6. In brief, the facts of the case are that on 23.9.2004 at about 11:50 AM a written report (Ex.P-20) was submitted by Suresh Chandra Jat (PW-12), who was present at the place of occurrence of the offence in question, to Mr. Durga Prasad Dadhich, Station House Office. P.S. Baneda (PW-26), inter alia, to this effect that his ancestral land (field) is situated in southward area of the village. The fields of Madan and Ram Chandra are also located near his field. On that day he and his father Pannaji Jat went to their field at about 7 O'clock in the morning.

7. When they were working in the field, Madan, Mrs. Kanku and Jagdish S/o Ramchandra came from village side at about 10 O'clock. At that time, his father was smoking 'Bidi' while sitting on bounds of the well and he was cutting grass. All of those persons (3-4) all of a sudden started beating his father. Madan and Jagdish inflicted lathi blows on the body of his father while Mrs. Kanku, who was holding 'dantli' in her hand, also inflicted blows with 'dantli' upon his father. His father raised hue and cry. He hide himself behind corn heap out of fear.

8. After about 15-20 minutes these assailants went away towards village then the complainant-Suresh came out and saw that blood was oozing from mouth and nose of his father. Thereafter, he went into the village and narrated whole incident to his mother and villagers. As a result of beating by these assailants, his father has died.

9. On the basis of aforesaid information (Ex.P-42), first Information Report No. 187/2004 (Ex.P-42) was registered against assailants- Madan Jat, Smt Kanku W/o Madan Jat and Jagdish S/o Ram chandra Jat. During the course of investigation, panchnama of dead body of deceased Panna (Ex.P-16) was prepared, photographs of the site of occurrence were taken (Ex.P-6 to P-15), blood-stained cloths of deceased were seized (Ex.P-22), blood-smeared soil was also sampled (Ex.P-23) and postmortem of the dead body was got conducted, for which postmortem report is Ex.P-1.

10. The accused-persons Smt Kanku and Madan Lal were arrested vide memos Ex.P-17 and Ex.P-18. On the basis of information by accused-appellant Madan, blood-stained lathi was recovered and seized (Ex.P-27), shirt and vest of Madan were also seized (Ex.P-28), 'dantli' was recovered from Mrs. Kanku and seized (Ex.P-29). Accused-appellant Jagdish was arrested vide Ex.P-41, blood- stained white shirt was recovered from the accused-appellant Jagdish (Ex.P-30) and one stick (Khunta) in two parts was also recovered from Jagdish (Ex.P-31). The seized