1. 1. The present appeal is directed against the judgment of the learned Additional Sessions Judge, Rajgarh, Distt, Churu in Sessions Case No. 8/99 dated 27.9.2002 Learned Additional Sessions Judge has convicted the accused appellants as under :

2. The prosecution was initiated on the basis of the first information report recorded on the basis of the statement of PW 1 Dharamveer given to Nathu Singh ASI. According to the statement of Dharmveer PW 1 which resulted into the first information report, it was alleged that there is animosity in between the complainant and the accused party and litigation is pending in between them. It was alleged that on 11.10.1998 at about 9.30 A.M. complainant, his father Ramdutt, his brother Rajpal were in their field. Rajpal was tilling the field and the first informant and Ramdutt were working in the field. It was said that on the western side of the field, Mamchand S/o Birbal has his field. He came on the boundary of the complainant's field and started tilling the part of boundary of the field with plough. He was detested by the first informant, his brother and father.

3. At that time, all other accused persons who were working in their field, came to the spot armed with various weapons. Accused Sajjan Kumar soon after arrival gave a 'Rampadi' blow on the head of Ramdutt. Consequently, complainant's father fell on the ground. On this, other accused persons started giving him beating by various weapons. While the complainant and his brother Rajpal intervened to rescue, complainant Dharamveer was given an axe blow by Rajkumar on his head. Accused Rajveer gave 'Barchi' blow on his left leg. Sajjan Kumar gave 'Kampadi' blow on the left hand of Rajpal. Accused Somveer gave a lathi blow on the shoulder. On raising shouts, Jogender, Ajay Kumar and wife of Rajpal Sunita arrived. They were also given beating by various weapons. After that, Ramjilal, Chandrabhan and Dharamveer S/o Sohanlal also arrived at the scene of occurrence. After beating the injured were taken to hospital at Rajgarh. During the course of treatment, Ramdutt died in the hospital. The statement of complainant as was recorded in the hospital was sent to police station, where a formal FIR No. 197/98 was registered. After recording of the first information report, charge-sheet was filed against the accused persons and the case came to the trial Court for trial. Charges were framed against the accused persons as follows :

Sajjan Kumar Sections 148, 302, 324/149, 323, 447 Indian Penal Code

Rest of accused persons Sections 148, 302/149, 324/149, 323 & 447 Indian Penal Code

4. The accused persons denied the charges and claimed trial. At the trial, the prosecution examined 17 witnesses and produced 71 various documents. Accused Sajjan Kumar in the statement under section 313 Indian Penal Code stated that Ramdutt, Dharamveer came to their field and his father Harish Chandra was given beating. In this process, Ramdutt and Dharamveer sustained injuries. The information was given to him by his father. Accused Bhateri in her statement stated that Ramdutt and Dharamveer wanted to obstruct the way of the field and in