Honble ARORA, J. – These two appeals arise out of the judgment dated 30-1-82 passed by the Additional District & Sessions Judge, Rajsamand,by which the learned Additional Sessions Judge convicted appellant Sawai Ram for the offences under Sections 302 and 324 I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs.100/- and in default of payment of fine further to undergo one months rigorous imprisonment for the offence under Section 302 I.P.C. and one years rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine further to undergo one months rigorous imprisonment for the offence under Section 324 I.P.C.Accused-appellant Lahru was convicted for the offences under Section 302/34 and 323 I.P.C. and was sentenced to undergo imprisonment for life and a fine of Rs. 100/- and in default of payment of fine to further undergo one months rigorous imprisonment for the offence under Section 302/34 I.P.C. and three months rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine further to undergo one months rigorous imprisonment for the offence under Section 323 I.P.C. Since both these appeals arise out of the same judgment and relate to the same incident,they are therefore, being disposed of by this common judgment.

(2) Appellants Sawai Ram and Lahru, alongwith seven other accused, were tried by the learned Additional Sessions Judge, Rajsamand for committing the murder of Jai Ram in the out -skirts of village Khatukda. The case of the prosecution was that in the morning of 25-12-78, deceased Jai Ram and PW1 Shambhu Lal left their village Khatukda and were going to police Station, Railmagra to lodge the report against the accused -party as they were not allowing them to irrigate their fietd through the well wherein they have sown the crop of Rizka.When they reached near Baldiya Nadi, Sawai Ram and Lahru met them and enquired from them where they were going : upon which Jai Ram replied that as you are not allowing them to irrigate their fietd from the well, they are, therefore, going to lodge the report again- st them at the Police Station. Meanwhile Ganesh, Mathura, Miya Chand, Gokul Gujar, Hari Ram Gujar, Madhu and Sri Ram, armed with Lathis, came there and exclaimed not to allow them to run and kill them. On this Lahru and Sawai Ram left their bicycles, untied the Kulhari from the bicycle and started beating him with Kulhari (Tabbal). Lehru grappled with Shambhu. Jai Ram, on receiving the injuries, fell down on the ground and when Shambhu tried to run away,Sawai Ram inflected injury to him by the Kulhari on the shoulder. Lahru,also, inflicted injury by the Lathi on the back of Shambhu. Shambhu Lal ran towards the village and informed the villagers about the incident. On hearing the cries, Nana Lal, Dali Chand and Lehru S/o Jiwana (PW19), also, came there. Appellant Sawai Ram was tried for the offen- ces under Sections 302 and 324 I.P.C.; Lahru was tried for the offences under Sections 302/149 and 323 I.P.C. while the remaining seven accused were tried by the learned Additional Sessions Judge for the offences under Section 302/149, 324/149 and 323/149 IPC.

(3) The accused denied the prosecution case and submitted that they have been falsely implicated in the crime. The case of accused Sawai Ram, in defence, as per his statement recorded under Section 313 Cr. P.C., was that on 25-12-78, in the morning, he, alongwith Lahru, was going on bicycles from village Khatukda to village Sansara. When they were on their way leading to village Sansara and reached near Baldiya Nadi, deceased Jai Ram, Shambhu, Nana,Mangu,Dali chand and Lahru s/o Jiwana (PW 13), who were armed with Kulhari and Lathis and hidden themselves behind the Northern fancing of the field of Rama Bhura Regar, came from the hiding place, surrounded them and Jai Ram, who was armed with the Kulhari, inflicted injury to him by that Kulhari. The other accused, also, inflicted injuries to him. He tried to save himself and

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