1. - This appeal is directed against the judgment of conviction and order of sentence dated 13.08.1991 passed by the learned Additional Sessions Judge, No.1, Jodhpur in Sessions Case No.68/1987, titled as the State of Rajasthan v. Kailash Dan and Anr. , whereby appellant Kailash Dan was convicted for the offence under Section 326 IPC and sentenced him for 3 years' rigorous imprisonment with fine of Rs. 50, in default whereof to further undergo for 15 days' simple imprisonment. It was also ordered that the period for which appellant remained in custody during investigation and trial, same shall be adjusted in the principal sentence. Appellant Gulab Dan was convicted for the offence under Section 323 IPC and was released on probation for a period of one year on his executing a personal bond and surety bond for Rs. 5000/-.

2. From the perusal of the record of the learned trial court, it reveals that Mahendra Singh (PW-1) submitted a written report Ex.P/1 before the Station House Officer, Police Station, Shashtri Nagar, Jodhpur stating therein that on 23.03.1987, at about 10:45 AM, a she-goat belonging to him was being beaten by the sons of Jawahar Dan and he asked them not to