1. - Ram Vilas, his wife Smt. Vimla Devi, two daughters Smt. Mamta and Smt. Rani @ Rajni and two sons Neelesh @ Kalu and Pawan, vide impugned judgment dated 21.11.2006, rendered by the Additional Sessions Judge, Kotputli, District Jaipur, have been held guilty of offence under Sections 147, 148, 341, 324/149, 307/149 and 302/149 IPC.

2. Four accused, namely Ram Vilas, Vimla Devi, Mamta and Rani @ Rajni, were sentenced vide a separate order of even date for the offence under Section 147 IPC, to undergo one year's R.I. For the offence under Section 148 IPC, they were sentenced to undergo one year's R.I.; for the offence under Section 341 IPC to undergo fifteen days' R.I. and for the offence under Section 324/149 IPC to undergo two years' R.I. They all were also sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/- each, for the offence under Section 307/149 IPC, in default of payment of fine to further undergo one year's R.I. For the offence under Section 302/149 IPC, the were sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/- each. The trial Judge has further ordered that fine so deposited shall be paid as compensation to the wife of the deceased Ganpat Lal. All the sentences were ordered to run concurrently.

3. Neelesh @ Kalu, vide a separate order dated 18.1.2007, was also awarded similar sentence on all the six counts.

4. All the five accused, being aggrieved by their conviction and sentence, filed two separate appeals. Smt. Mamta, Smt. Rani @ Rajni, Smt. Vimla Devi and Ram Vilas have instituted D.B. Criminal Appeal No. 1220/2006, whereas, Neelesh @ Kalu has filed D.B. Criminal Appeal No. 807/2007. Since in both the appeals common judgment dated 21.11.2006 regarding conviction has been assailed and the two separate orders of sentence have also been challenged, we shall decide both the appeals together.

5. In the present case, Ganpat Lal, received incised injuries and died. The appellants have been convicted for causing murder of Ganpat Lal and injuries to Surendra (P.W.2) and Jairam (P.W.6), both sons of the deceased Ganpat Lal.

6. The criminal proceedings were set into motion on the statement made by Surendra (P.W.2) at B.D.M. Hospital, Kotputli. The occurrence in the present case had taken place on 6.3.2004 at 6:55 PM, in Jogiyon Ka Mohalla, Pawata. The statement of injured Surendra (P.W.2) was recorded on 6.3.2004 at B.B.S. Hospital, Kotputli by S.I. Surendra Singh (P.W.22), Police Line (R). On the basis of statement so recorded, formal FIR bearing No. 67/04 was registered at Police Station Pragpura, for the offence under Sections 147, 148, 149, 341, 323, 307 and 302 IPC. The special report reached Judicial Magistrate (First Class), Kotputli on 9.3.2004 at 11:00 AM.

7. The statement (Exhibit-P/3) made by Surendra (P.W.2), on the basis of which criminal proceedings were sent into motion, when translated into English, reads as under:-

"On 6.3.2004, at 7:00-8:00 AM, I, my father Ganpat Lal and my younger brother Jairam, had gone to the shop of Dipu Khandelwal for doing our work. After finishing our daily work, I had sent my father Ganpat Lal and brother Jairam to home and I stayed at the shop to settle the accounts regarding labour work done by us. After settling the accounts, 4-5 minutes later, at about 6:45 PM, I left the shop for home. At about 6:55 PM, I reached at Jogiyon Ka Mohalla. I saw that my father has been made to fall on the road and Ram Vilas Sonar, his sons, Neelesh @ Kalu and Pawan, his wife Vimla and daughters Mamta and Rani @ Rajni, were beating him. They were also causing injuries to my younger brother Jairam. They were armed with Gupti, Chhar and lathis. Hearing cries of my father and brother, I went forward to save them. Then Neelesh @ Kalu and Ram Vilas Soni gave me injuries on the nose. Neelesh @ Kalu and Ram Vilas were armed with Gupti. Others were armed with lathis and Vimla was armed with Chhar (iron rod). This occurrence was witnessed by people residing in J