Hon'ble RAFIQ, J.—This appeal is directed against the judgment dated 8.11.2005 passed by Additional Sessions Judge, Kotputli whereunder all the 9 accused-appellants have been convicted for offence u/S. 302 read with Section 149 IPC and sentenced to life imprisonment with fine of Rs. 2,000. In default of payment of fine, they were to further undergo rigorous imprisonment of one year. Besides, they were also convicted for offence under Section 148 IPC and sentenced to undergo rigorous imprisonment of two years and for offence u/S. 447 IPC and sentenced to undergo rigorous imprisonment of three months.

2. The facts of the case are that a written report (Ex. P 6) was submitted by Suresh Yadav (PW.4) to Sub-Inspector of Police of Police Station Kotputli on the place of incident at 9.30 AM on 5.1.2003 inter alia alleging that he was resident of Village Raghunathpura. At about 9.00 AM on that day i.e. 5.1.2003, his father Deena Ram and brother Rajendra were in their house. At that time, Pappu, Subhash, Leela Ram, all sons of Sanwata, Leela Ram S/o Kana Ram, Sanjay, Tara Chand, Sanwata, Kana Ram, Banwari, father in law of Tara Chand, father in law, brother in law and uncle in law, of Subhash came there with `lathis' and `farsis' in their hands. Pappu was having a naked sword in his hand. Accused came to the house of the complainant with intention to kill them. Subhash with the intention to kill the informant's father Deena Ram, inflicted a `farsi' blow from reverse side on his head and Leela Ram S/o Sanwata Ram with the intention to kill his father, inflicted another `lathhi' blow on the person of Deena Ram as a result of which, he fell down on the ground and became unconscious. The complainant started weeping and raised hue and cry whereupon, the accused ran away. It was further alleged that Banwari S/o of Bhonre Lal, who is closely related to the informant, was a driver on the truck and Subhash and Tara Chand, were drivers on the trucks with Khurana Golden Transport Company. An inter se dispute arose between them on the question of driving the trucks. Owning to that dispute, accused fully armed with weapons attacked the complainant party in their house. His father has received serious injuries.

3. On the basis of aforesaid written report, a regular first information report (Ex. P.5) was chalked out bearing No. 7/03 for offence u/Ss. 147, 148, 149, 447 and 307 IPC. The injured Deena Ram was first admitted to BDM Hospital, Kotputli wherein the injury report (Ex. P.15) was prepared. When his condition has worsened, he was referred to SMS Hospital, Jaipur. During treatment he died there on 8.1.2003. Thereafter, offence for Section 302 IPC was added to the already registered FIR. The police after usual investigation filed challan against 12 accused. The learned trial Court framed charges against all the accused for offence u/S. 302 read with Section 149 IPC, 148 and 447 of IPC. The accused denied the charges and claimed to be tried. The prosecution has produced as many as 32 witnesses and exhibited 56 documents. The defence has not produced any witness, however exhibited 10 documents. The trial court on conclusion of the trial while acquitting three accused Basti Ram, Hawa Ram and Jagdish, convicted the remaining 9 of the aforesaid charges. Hence this appeal.

4. We may at the outset mention that accused-appellant No. 2 Sanwata Ram has during the pendency of appeal died on 12.8.2012 and his death certificate is on record. Accused-appellant Pappu @ Mahendra Kumar Yadav also died during the pendency of appeal on 4.4.2008 and his death certificate is also on record. Appeal filed on their behalf is liable to be dismissed as having abated.

5. We have heard Shri Rinesh Gupta and Ms. Chandra Kala Sahu, learned counsel for accused-appellants and Shri Javed Choudhary, learned Public Prosecutor for State.

6. Shri Rinesh Gupta, learned counsel for the accused-appellants has argued that basically the dispute as per the evidence of prosecution was between

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