1. - This appeal is directed against the judgment of the learned Addl. Sessions Judge (F.T.) Jalore, Camp Bhinmal dated 9.2.2004, whereby he convicted the appellants Ranchhora, Jairoopa and Mota Ram under Sections 302/34, 307/34, 325/34, 324/34 and 323/34 Indian Penal Code. and sentenced them as under:

2. Facts leading to this appeal are that on 24.9.2000 at 10.40 AM, Jora son of Prabhu by caste Rebari lodged the F.I.R. that in the morning, he went to cut his 'bajra' crop over his land, where accused Jairoopa, Ranchhora, Chamna, Lakha, Balka, Harchand, Mala, Mota, Sopa, Vachna, Ganesha and Samartha wrongly entered into his field and started beating. They all were armed with deadly weapons. Accused Jairoopa had a 'dharia' with which he inflicted injury on the person of Harkan and rest of the accused persons also started beating and in the process of the same, gold ear rings of Jora amounting to Rs. 2000/- were snatched. On hearing their hue and cry, Hukma and Vena came to rescue them. While leaving the field, the accused threatened to kill them. Upon this report, the police registered a case under Sections 143, 447, 382 and 323 Indian Penal Code. and commenced investigation. During investigation, Chopa Ram died. All the seven injured were medically examined by the doctor. The post mortem of Chopa Ram was conducted vide Ex.P-41 and in the opinion of the doctor, Chopa Ram died due to head injury. After investigation, the accused appellants Ranchhora, Jairoopa and Mota Ram were challaned before the learned Judicial Magistrate, I Class, Sanchore, who committed the case to the learned Addl. Sessions Judge, Bhinmal. Learned trial Judge framed charges against the above three appellants under Sections 447, 302, 302/34, 307, 3-7/34, 325, 325/34, 324, 324/34, 323 and 323/34 to which they pleaded not guilty. The prosecution examined 19 witnesses. The statements of the accused were recorded under Section 313 Criminal Procedure Code They produced two witnesses in their defence. The prosecution proved 56 documents and the defence proved 25 documents. After hearing, the learned trial Judge convicted and sentenced the accused appellants as above.

3. We have heard learned counsel for the appellants and gone through the record of the case carefully.

4. Learned counsel has not challenged the guilt of the accused as also the death of Chopa Ram but his contention is that the accused are not guilty under Section 302 Indian Penal Code. but at the most, their case does not fall beyond the ingredients of Section 304 part II Indian Penal Code. In this regard, he has drawn our attention towards the statements of certain eye-witnesses as well as the Investigating Officer, and submitted that the land in question, where the incident took place, was in possession of the accused appellants and it was the deceased and other injured, who trespassed over the land and committed the offence. According to him, the cross case was also registered against the complainant party in which they have been convicted by the learned trial Judge under Sections 148, 325/149, 324/149 and 323/149 Indian Penal Code. against which an appeal has also been preferred being S.B. Cr. Appeal No. 210/2004.

5. Per