V.K. MATHUR, J.

This appeal filed by the accused appellants and the revision filed by the complainant arises out of the impugned judgment dated 02.05.2011 passed by the learned Additional Sessions Judge, Kekri, District Ajmer, in Sessions case No. 11/2006, and as such they are being decided by this common judgment.

2. The learned trial court had convicted all the eleven accused appellants Mahaveer, Hariram, Ramkishan, Prahlad, Laxmi Narain, Shyojiram, Jagdish, Kishanlal, Ramraj, Gokul and Nanda for the offences under Section 302/149 IPC and sentenced them for life imprisonment with a fine of Rs.5,000/-each and in default of payment of fine, to further undergo six months R.I.; for the offence under Section 447 IPC for one month R.I. and a fine of Rs. 100/- and in default of payment of fine to further undergo five days R.I.; for the offence under Section 148 IPC for two years R.I. and a fine of Rs. 1,000/- and in default of payment of fine to undergo one month R.I.; for the offence under Section 323/149 IPC for six months R.I. and a fine of Rs. 500/- and in default of payment of fine to undergo 15 days R.I. However, all the accused appellants were acquitted of the offence under Section 147 and 307/149 IPC.

3. The complainant Smt. Chhau Devi has filed revision petition against the acquittal of all the accused appellants under Section 147 and 307/149 IPC.

4. The appeal filed by the accused appellant Laxmi Narain stands abated on account of his death on 03.04.2012.

5. The brief facts of the case are that on 21.03.2006 Smt. Chhau Bai (PW-1) stated in her Parcha Bayan (Ex.P-1) that today at around 10 AM she alongwith her husband Gokul, son Pradhan, daughter-in-law Chandrakanta, elder father-in-law Ganga Ram, Sita wife of Shankar came to fill the pit of the 'Bada' in the village. On seeing them, Mahaveer son of Laxmi Narain Dhakad came and objected to them from filling the pit as the bada belonged to them and threatened to kill the complainant and her family members. Thereafter, Mahaveer, Kishanlal, Laxmi Narain, Ramkisan, Shyoji, Prahlad, Jagdish, Hariram, Ramraj, Hariram son of Jagdish alongwith 4-5 other persons armed with lathies, khuladies came and after illegally entering their bada, abused them and started beating. The accused Shyoji and Prahlad gave beating with lathies to Ganga Ram on both hands and body. All the accused persons gave beating with lathies and khuladies to Chhau Bai, Gokul, Chandrakanta, Pradhan and Sita. On their shouting, Hansraj, Ram Dayal and other people from their village came and intervened. They were taken to hospital at Kekri from where Chandrakanta and Gokul were referred to Ajmer and Ganga Ram died during the treatment at the hospital. The complainant and her family members received injuries on various parts of their body. The legs of her husband Gokul were cut by khuladi. The accused Mahaveer gave khuladi blow to Gokul on his hand, leg and head. The accused Kishanlal, Hariram, Ramraj, Shyoji, Prahlad gave beating by lathi and khuladi. Pradhan was beaten by Shyoji and Ramraj. Other accused persons gave beating to Chandrakanta. The injured Gokul had also succumbed to his injuries.

6. On the basis of the Parcha Bayan (Ex.P-1) recorded by Narad Gopal, S.I. (PW-15) at C.H.C. Kekri Hospital an FIR No.91/2006 (Ex.P-2) under Section 147, 148, 149, 447, 307 and 302 IPC was registered on 21.03.2006 at police station Kekri, District Ajmer.

7. After investigation a challan was filed against all the accused appellants for the offence under Section 147, 148, 149, 447, 307, 302 and 323 IPC in the Court of Additional Chief Judicial Magistrate, Kekri who committed the case to the Court of ADJ.

8. The learned trial court framed charges for the offence under Section 147, 148, 302/149, 307/149, 323/149 and 447/149 IPC against all the accused persons. The accused denied the charges and claimed for trial.

9. In support of its case, the prosecution had examined 32 witnesses and exhibited 79 documents. The accuse