1. - In the present matter, there were three accused-persons before the trial Court viz. (1) Hanuman Ram, who was charged for offence punishable under Sections 147, 323, 366 and 376 I.P.C.; (2) Rana Ram and (3) Joga Ram, who were charge for offence punishable under Sections 147, 323 and 366 I.P.C. Accused Hanuman Ram was acquitted of the charge of commission of offence under Sections 147, 323, 366 and 376 I.P.C. by the trial Court while convicted accused-appellant Rana Ram under Section 366 I.P.C. and accused-appellant Joga Ram under Sections 323 and 366 I.P.C. However, during pendency of present appeal, accused-appellant Joga Ram son of Moti Ram died on 4.4.2006 and hence, appeal proceedings qua him were terminated vide order dated 19.10.2011 passed by this Court. In this manner, now present appeal stands only on behalf of accused-appellant Rana Ram son of Khuma Ram.

2. Heard the learned counsel for the surviving accused appellant Rana Ram as well as learned Public Prosecutor.

3. Present appeal under Section 374 Cr.P.C. is directed against the judgment dated 21.2.1990 passed by learned Sessions Judge, Jodhpur in Sessions Case No. 179/1987, convicting the present accused-app