Hon'ble Dr. GOMBER, J.—The appellants, named herein-above, have prefered this appeal against the judgment and order dated 31.10.2003 passed by learned Addl. Sessions Judge No.2, Sikar Camp Sri Madhopur in sessions case no. 31/2001 (arising out of FIR No.198/1999 P.S. Reengus) and sessions case no.51/2001 (arising out of FIR No.199/1999 P.S. Reengus) whereby Hari Singh and Gopal, (members of complainant party who were accused in sessions case no. 51/2001) were acquitted and the present appellants, although acquitted of the offence under Section 447 IPC, were found guilty (sessions case 31/2001) for the offence under Sections 148, 149, 302 and 323 IPC and sentenced as under:

(i) Life imprisonment for offence under Section 302 read with Section 149 IPC along with fine of Rs.1,000/- in default whereof to further undergo six months' simple imprisonment;

(ii) Two years' rigorous imprisonment for offence under Section 148 IPC alongwith fine of Rs.500/- in default whereof to further undergo three months' simple imprisonment; and

(iii) Six months' simple imprisonment for offence under Section 323 IPC alongwith fine of Rs.500/- in default whereof to further undergo three months' simple imprisonment.

2. Briefly stated facts of the case, as culled out by the prosecution, are that on 2.7.1999 at 7.30 a.m., a written report Ex.P-1 was lodged by PW-1 Mali Ram at P.S. Reengus to the effect that deceased Kana Ram, PW-3 Gopal, PW-5 Hari Singh as also complainant Mali Ram were sowing their land by tractor. At about 6.00 a.m., accused persons namely Mohan Lal, Naurang Lal, Suva @ Suman, Arjun, Tara Chand, Raghuraj and 3-4 more persons came and put red chillies in the eyes of Hari Singh and started beating complainant party with kulhadi and lathies. On hearing the hue & cries, deceased Kana Ram and Gopal who were working in nearby field, came to rescue Hari Singh. Accused Mohan Lal inflicted kulhadi blow on the head of Kana Ram, who fell down & other persons laced with 'lathies' and 'farsis' inflicted injuries upon the complainant Mali Ram also who became unconscious.

3. On this report, case was registered against the present appellants as also Naurang Lal (not before us) for offence under Sections 147, 447, 323 and 307 IPC. During the treatment, injured Kana Ram died on 14.7.1999 and charge-sheet was filed against the appellants for offence under Sections 147, 148, 307, 302 IPC and Naurang Lal S/o Mohan Lal being minor was sent to the Juvenile Justice Court for trial.

4. On receipt of this case by way of committal, learned trial court, after hearing charge arguments, read over charges for offence under Secs. 148, 447, 302 read with 149 and 323 IPC. The accused denied charges and claimed trial.

5. In order to prove its case, prosecution examined as many as 17 witnesses and Ex.37 documents. After completion of prosecution evidence, accused persons were examined under Section 313 of the Code of Criminal Procedure wherein they alleged false implication. The appellant Mohan Lal explained that he along with his family has been living in his house built on khasra no.1512. Besides, he also ties his cattle and does agriculture on the said field which came in his possession by way of oral partition. On the date of incident, Hari Singh came to said field and started sowing the land by tractor at 6.00 a.m. Hari Singh was asked by the appellants to restrain from sowing his land. At that time Kana Ram and his son Gopal, who were in their adjacent field, came laced with lathies and started beating him. His wife Savitri, daughter Suva @ Suman, two sons Naurang Lal and Ramesh @ Harish, who were busy in their morning pursuits at that early hour of the day, came for his rescue, who were also inflicted injuries by lathies and Kana Ram, Hari Singh and Gopal sustained injuries on account of user of right of his private defence of person and property. Other appellants also explained on the same lines.

6. Appellants examined three witnesses in defence namely DW-1 Hanuman Prasad

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