JUDGMENT

Goverdhan Bardhar, J. - This criminal appeal under Section 374 of the Code of Criminal Procedure (for short, 'the CrPC') has been filed by five accused-appellants assailing Judgment and Order dated 19.12.1990 passed by learned Additional District & Sessions Judge, Jaipur District Jaipur, in Sessions Case No.10/1982, whereby learned trial court convicted and sentenced the accused-appellants as follows-

2. Briefly stated the facts of the case are that the complainant Bhura Mal s/o Shri Deena Nath (PW7), by caste Brahmin, resident of Chandwaji, submitted a written report (Ex.P1) to SHO, Police Station, Chandwaji to the effect that on 10.10.1984 when her sister was cleaning the utensils in the corner of the home, Ganpat who used to reside in the same house after taking meals came there and spat impure water from his mouth. Some drops thereof fell on the clean utensils and upon her sister. His father reprimanded Ganpat at his fault, upon this Ganpat, Ganpat's elder son Ramji Lal and Prakash abused his father and started beating to him by legs and fists. At that time, Sitaram, Postman intervened and saved them. Afterwards, Babulal, who is son of Ganpat's brother-in-law went to Jaipur and called Ram Sharan. At about 6:00 P.M. Deenanath was sitting with Kavita aged 9-10 months child (daughter of the complainant Bhuramai) in his lap. The complainant further mentioned that after completing his duty from Achrol he arrived at his house and at that time Ganpat was sitting in Veranda of the room. Ganpat told his son Prakash that now since the complainant has come, the whole plan would be spoiled. Upon saying so, Ramji Lal, Ram Sharan and Babu Lal came from the roof of the house on the ground-floor. They were armed with 'lakdies'/lathies. Mali and Suni Devi also came down stairs. Ganpat and Prakash also took 'lakdies' in their hands. Ganpat extorted all not to wait and kill them. Upon this, first of all, Prakash delivered one blow by 'lakdi' on his right hand. Ramji Lal entered in their another room in which his father was sitting. The complainant further mentioned that first of all his father was beaten by Ramji Lal. At that time, his daughter Kavita was in the lap of his father. Ramjilal gave one 'lathi' blow on the head of his daughter, due to which she received grievous injury on her head. Afterwards all these persons including Mali and Suni Devi started beating them with 'lakdies' and fists.

3. Shambhu Dayal, Sitaram, Balji, Kalyan etc. came there after hearing the noise, they intervened and saved them. His daughter Kavita became unconscious. The complainant further mentioned that he, his father Deenanath, his wife and mother received multiple injuries on their person. His father took his daughter Kavita along-with him to Shahpura Hospital for treatment, where Kavita was declared brought dead. After leaving his father in hospital, he went to police station with dead body of Kavita to lodge the report. On the basis of aforesaid written report (Ex.P1), an F.I.R. No.92/1981 (Ex.P2) was registered for the offences under sections 147, 148, 149, 452, 302, 323, 120B IPC. Investigation commenced. The police arrested the accused-appellants and filed