Kanwaljit Singh Ahluwalia, J.

1. Bhojraj, Kalu, Newalal, Khemraj and Gyarsi Lal, all five brothers being sons of Pratap along with Devi Lal S/o. Laxman and Dev Kishan S/o. Amar Lal were nominated as accused in written report, (Exhibit P21), presented by Ramlal (P.W.-9) before Head Constable Devkaran (P.W.-28).

2. Devkaran (P.W.-28) in Court deposed that on 08.01.2011 he was posted as Head Constable at Police Station Chechat. On receipt of the information at 3.00 pm, he along with his companion police officials reached at Village Hathona and took two injured Anandi Lal and Kishore to S.R.G. Hospital, Jhalawar. Upon reaching the hospital the attending doctor declared Anandi Lal as dead, whereas Kishore (P.W.-3) was medico legally examined.

3. Thus from the above deposition it is apparent that in the occurrence Anandi Lal due to injuries caused by seven accused, named above, succumbed to the injuries, whereas Kishore, the injured (P.W.-3), suffered various injuries. Khemraj and Gyarsi Lal, sons of Pratap, named in the FIR, were not sent for the trial. Bhojraj, Kalu and Newalal, all three sons of Pratap, Devi Lal S/o. Laxman and Dev Kishan S/o. Amar Lal were tried by the Court of Additional Sessions Judge, Ramganjmandi, District Kota and the said Court vide impugned judgment dated 12.08.2015, convicted all the five accused for offences under Sections 148, 323/149, 325/149 and 302/149 IPC. Having convicted the accused-appellants for above-said offences, the trial Judge vide separate order of even date sentenced the appellants as under:-

S. No.	Offence under Section	Sentence awarded
1.	148 IPC	Rigorous imprisonment for 3 years with a fine of Rs. 1,000/-, in default of payment of fine to further undergo additional one month's simple imprisonment.
2.	323/149 IPC	Rigorous imprisonment for 6 months with a fine of Rs. 500/-, in default of payment of fine to further undergo additional 15 days simple imprisonment.
3.	325/149 IPC	Rigorous imprisonment for 5 years with a fine of Rs. 2,000/-, in default of payment of fine to further undergo additional two month's simple imprisonment.
4.	302/149 IPC	Imprisonment for life with a fine of Rs. 5,000/-, in default of payment of fine to further undergo additional three month's simple imprisonment.

4. All the sentences were ordered to run concurrently.

5. Aggrieved against their conviction and sentence, the present appellants have filed D.B. Criminal Appeal No. 827/2015.

6. As already noted above, criminal proceedings were set into motion on the basis of written report, (Exhibit P21), submitted by Ramlal (P.W.-9) before Head Constable Devkaran (P.W.-28). On the basis of above written report, (Exhibit P21), formal FIR, (Exhibit P38), bearing No. 8/2011 was registered at Police Station Chechat, District Kota Rural. Initially FIR was registered for offences under Sections 147, 148, 149, 307, 323 and 302 IPC. Above-said FIR was investigated and report of investigation under Section 173 Cr.P.C. along with opinion of the Investigating Officer was submitted in the Court of concerned Magistrate. The report of investigation and the accused were committed to the Court of Sessions. The trial was entrusted to the Court Additional Sessions Judge, Ramganjmandi, District Kota.

7. Before we take note of the prosecution evidence, it will be apposite here to reproduce the true translation of written report, (Exhibit P21) presented before the SHO, Police Station Chechat, District Kota as under:-

"To,

The SHO

Police Station Chechat,

Sir,

It is submitted that we and Kalu Lal from last so many days are having a dispute over the passage and Baada. Today on 08.01.2011 at about 3.00 pm, I brought my buffaloes from the village. At that time my brothers Kishore and Anandi Lal were working. Meanwhile, Kalu Lal S/o. Pratap armed with Jabir