The main legal point established in the judgment is that the accused's actions constituted criminal trespass, assault, and causing death, and the medical evidence supported the conclusion that the injuries inflicted were sufficient to cause death.

JUDGMENT :

MEHTA, J.

1. These three appeals are directed against the judgment dated 25.03.1992 passed by the learned Sessions Judge, Churu in Sessions Case No.33/1990, whereby accused Mukan Singh, Nirana Ram, Shankar Lal, Girdhari Singh, Shyamla, Omla and Bhagirath have been convicted and sentenced as below :-

2. It is relevant to note here that the accused appellants were charged for the offences punishable under Section 302 read with Section 149 IPC and Section 307 read with Section 149 IPC. However, the trial court while toning down the offence under Section 302 read with Section 149 IPC, convicted the accused appellants for the offence punishable under Section 304 Part I read with Section 149 IPC and acquitted them from the offence punishable under Section 307 read with Section 149 IPC.

3. While the accused persons have approached this court by way of D.B. Criminal Appeal No.139/1992 filed under Section 374 (2) CrPC for challenging their conviction and sentences awarded to them by the trial court, the State of Rajasthan has filed Criminal Appeal No.221/1994 under Section 378 (i) & (iii) CrPC for assailing acquittal of the accused from the charges punishable under Sections 302 read with Section 149 IPC and 307 read with Section 149 IPC and D.B. Criminal Appeal No.283/1992 under Section 377 CrPC seeking enhancement of sentences awarded to the accused.

4. Briefly stated, facts relevant and essential for disposal of the appeals are noted hereinbelow :-

5. Radhakishan (P.W.1) lodged an oral report at the Police Station Sardar Shahar on 03.11.1989 at about 05.00 p.m. alleging inter alia that their agricultural land was located in the Village Dega Ki rohi, where his parents had constructed a hut and used to reside therein. They had sown crops in the field. In the afternoon of 03.11.1989 at about 02.30 p.m., the first informant purchased some household articles for his parents and reached their dwelling and there, he saw the dead body of his father Shri Gorakh Singh lying in the adjoining field of Bhanwar Singh. His mother Smt. Bhanwari was also lying nearby in injured condition. The neighbouring field owners Aadu Ram and Naan Ji, residents of Patalisar, were sitting nearby. He asked his mother Bhanwari as to what happened, on which she told that she and his father Gorakh Singh were lying down inside the hut talking to each other, when suddenly, in the middle of the night, at about 12.00-01.00 o’clock, Mukand Singh son of Bakhtawar singh, Bhagirath, Shankar Lal, Omla, Shyamla sons of Mukand Singh, Girdhari Singh son of Hadman Singh and Nirana Ram son of Nathi Ram, all residents of Village Patalisar, Sardar Shahar came there. Bhagirath was having an iron Jei, while the others were having lathis in hand. No sooner these accused entered into their hut, Bhagirath shouted that they should be killed and thus, the land would be released. Saying so, Bhagirath gave a blow of iron pronged jei on the hand of her husband Gorakh Singh. Nirana Ram gave a blow of lathi on her face. Others started hitting Shri Gorakh Singh by Jeis, lathis, etc. Both were dragged out and indiscriminately assaulted in front of the hut. Bhagirath gave a Jei blow, fracturing Smt. Bhanwari’s hand. Shri Gorakh Singh was beaten by Mukan Singh, Bhagirath, Girdhari, Narayan, Omla, Shyamla and Shankar by lathis, Jeis etc. Feeling confident that both the victims had died, they lifted and threw them nearby the