1. (Oral) - Hans Raj, Gopal, and Bholu, sons of Ram Ratan, Gopal and Jagdish, sons of Banna, all resident of Village Morla, Police Station, Lamba Harisingh Distt. Tonk have preferred two separate appeals to assail the impugned judgment dated 16th June, 2006 rendered by Court of Additional Sessions Judge, Malpura, Distt. Tonk whereby all appellants were held guilty of offences under Sections 148, 447, 323 read with Section 149 IPC. Appellant Hans Raj was substantively convicted for offence under Section 302 IPC, whereas remaining accused were convicted with aid of Section 149 IPC.

2. Vide a separate order of even date, the trial Judge had sentenced the appellants as under:-

3. Accused appellants Hansraj, Bholu, Gopal sons of Ram Ratan, and Gopal and Jagdish sons of Banna:-

For offence under Section 148 IPC : to undergo one year rigorous imprisonment, and to pay a fine of Rs. 1000/-, and in default thereto, to further undergo one month imprisonment.

For offence under Section 447 IPC : to undergo one month rigorous imprisonment, and to pay a fine of Rs. 500/-, and in default thereto, to further undergo 15 days imprisonment.

For offence under Section 323/149 IPC : to undergo six months rigorous imprisonment, and to pay a fine of Rs. 1000/-, and in default thereto, to further undergo one month imprisonment.

Accused appellant Hans Raj

For offence under Section 302 IPC : to undergo life imprisonment, and to pay a fine of Rs. 5000/-, and in default thereto, to further undergo five month imprisonment.

Accused appellants Bholu, Gopal sons of Ram Ratan, and Gopal and Jagdish sons of Banna :

For offence under Section 302/149 IPC : to undergo life imprisonment, and to pay a fine of Rs. 5000/-, and in default thereto, to further undergo five month imprisonment.

All the sentences were ordered to run concurrently.
Sons of Ram Ratan namely Hans Raj, Gopal, and Bholu have preferred D.B. Criminal Appeal No.639/2006, and two sons of Banna namely Gopal, and Jagdish have instituted D.B.Criminal Appeal No.666/2006.

4. By this common judgment, we shall decide both the appeals together.

5. Criminal proceedings were set into motion on the basis of written report (Ex.P/7) lodged by Bajrang Lal Gurjar (P.W.4). Bajrang Lal Gurjar (P.W.4) had presented written report (Ex.P/7) before Head Constable, Bhanwar Singh (P.W.13). Bhanwar Singh (P.W.13) while appearing in the Court stated that on 01st November, 2004 he was posted as Head Constable at Police Station, Pachavar. At 2.30 P.M., a telephonic information was received from Village Sothwada that a fight had taken place, and injured have been brought to Malpura hospital. Station House Officer of Police Station, Pachavar upon receiving the information directed the Head Constable to record the statement of injured. He reached the hospital where Bajrang Lal Gurjar (P.W.4) had presented written report (Ex.P/7). On the basis of written report (Ex.P/7), formal FIR (Ex.P/31) was registered for offences under Sections 143, 447, 341, 323 IPC.

6. The written report (Ex.P/7) when translated into English reads as under :

"To

Station House Officer,

Police Station, Pachavar.

Subject : For taking legal action.

Sir,

It is submitted on 1st November, 2004 at about 9.00 A.M. I, and Kanaram Jat on the land allotted to Kana Jat were sowing crop in the field at Sothwada with our tractor. At about 10.30 A.M. Hansraj, Gopal, Bholu sons of Ramratan Jat, and Gopal, and Jagdish, sons of Bana resident of Morla came armed with sticks and farsi's, having entered into the fields of Kanaram Jat, they started abusing. They were saying that land belong to them, and we should run away from the fields. Upon our refusal, they attacked us with sticks and farsi's. Gopal and Bholu, dragged me from the tractor, and attacked me. Hansraj, Jagdish and Gopal caused injuries with lathi to Kanaram Jat. At that time, Raghunath Singh and Ramjilal Jat who were working in the nearby field came to separate us, otherwise they would have killed us. Kanaram Jat became unco