Hon'ble RAFIQ, J.—This judgment decides above referred to Criminal Appeal and Criminal Revision Petition. Criminal appeal has been preferred by accused-appellants, namely, Bherulal and Hemraj, against judgment dated 05.03.2003 of learned Additional Sessions Judge (Fast Track) No.1, Kota, whereby they have been convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.2000/- each; in default of payment thereof, they were to further undergo imprisonment for one year. Complainant has preferred revision petition against acquittal of accused-respondent Purushottam and Kanhaiyalal vide aforesaid judgment.

2. Facts giving rise to criminal appeal are that a written report was submitted by one Jagdish Prasad on 21.12.1998 to Station House Officer, Police Station Railway Colony, Kota, alleging therein that his uncles, namely, Shrawanlal, Mahaveer, Jagdish, Pushpkant and Babulal were, at about 1-1½ PM, standing on their agriculture field. Accused party, comprising of 10-12 males and 3-4 females came there armed with swords and 'gandasi' and they dared his uncles to leave at once stating that agriculture field belongs to them or else they would be cu

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