KANWALJIT SINGH AHLUWALIA, J.

1. Jagdish, Chiranji Lal, Gokal and Sardara Ram, four brothers being sons of Parsaram along with Birjuram son of Gid Ram were tried by the court of Additional Sessions Judge, Khetri in Sessions Case No. 2/90 (13/93). The said court vide impugned judgment dated 4.11.1993 convicted all the five accused for the offence under Section 147 IPC. Jagdish was substantively convicted for the offence under Section 302 for having caused death of Hari Ram father of Om Prakash (P.W.1), whereas remaining four accused Gokal, Sardara Ram, Chiranji Lal and Birjuram were convicted for the offence under Section 302/149 IPC. Jagdish, Gokal, Sardara Ram and Birjuram were convicted for the offence under Section 323 IPC, whereas Chiranji Lal was convicted for the offence under Section 323 with aid of Section 149 IPC for causing simple injuries to Om Prakash (P.W.1).

2. Having convicted the appellants for the above said offences, the trial Judge vide a separate order of even date sentenced the accused appellants as under:-

U/s. 147 IPC-to undergo one year RI and to pay a fine of Rs. 100/-, in default of payment of fine to undergo additional one month SI.

U/s. 302 and 302/149 IPC-to undergo life imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to undergo additional six months SI.

U/s. 323 and 323/149 IPC-to undergo three months RI and to pay a fine of Rs. 50/-, in default of payment of fine to undergo additional one month SI.

3. Aggrieved against their conviction and sentence, the accused appellants have filed the instant appeal.

4. The criminal proceedings in the present case were set into motion on the basis of statement (Exhibit-P/1) made by Om Prakash (P.W.1) before ASI, Sardar Singh (P.W.10). Sardar Singh (P.W.10) in the court stated that on 11.11.1989, he was posted as In-charge of Police Station Singhana. On that day at 2:35 AM he received an information from the hospital that injured Hari Ram and Om Prakash (P.W.1) having received injuries in a fight had been admitted in the hospital. Upon receipt of said information, Sardar Singh (P.W.10) reached at KCP Hospital and on arrival there recorded the statement of Om Prakash (P.W.1) vide memo Exhibit-P/1.

5. Om Prakash (P.W.1) in statement (Exhibit-P/1) broadly stated that at 10:00 PM, in the night he was irrigating his field from the Well by plying motor. At that time, his father Hari Ram was sleeping in nearby Kotari (hut). Then Jagdish and Chiranji Lal both sons of Parsaram came in his field, where he was irrigating and asked him to stop the motor. They further asked Om Prakash (P.W.1) as to where his father was. Upon which, Om Prakash (P.W.1) replied that he is not there. Upon which accused replied that they will not permit him to operate the motor. They further stated that after your father arrive at the spot, then only they will permit him to ply the motor. Om Prakash went to the hut to inform father and told him that Jagdish and Chiranji Lal are calling him. His father came and accused told him to make payment of bill. Hari Ram, the father of Om Prakash stated that he is not aware. He further stated that he is irrigating his field from the Well. They started giving abuses to father of the complainant and caught hold of his neck. When Om Prakash (P.W.1) intervened to save him, then Gokal Ram, Sardara Ram, Raj Kumar, Birju Mali also arrived at the spot. They started causing injuries to him and his father. The injuries were caused on the feet, back side of shoulder and waist of Om Prakash (P.W.1) and on head of his father. The complainant stated that thereafter, he sent his younger brother who was studying in the Kotari to house, upon which his uncle Suwaram came and they got his father admitted in the Khetri Hospital. Jagdish etc after causing injuries left for their houses. All accused with common intention had caused injuries.

6. Dr. Rajeev Mishra (P.W.2) in the court deposed that on 11.11.1989 he was posted as Medical Officer in Khetr