Honble SINGH, J.–Heard the learned counsel for the appellants and the learned Public Prosecutor.

(2). This appeal is directed against the judgment dated 12th April, 1984 passed by the Additional Sessions Judge No.2, Hanumangarh in Sessions Case No. 2/83 State vs. Hari Ram and Others. By the aforesaid judgment accused Hari Ram was convicted under Section 302 of the Indian Penal Code and was sentenced to imprisonment for life and fine of Rs. 500/- and to undergo further rigorous imprisonment for three months for default in payment of fine. Accused Sohan Lal and Bagdawat were convicted under Section 323 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 323 of the Indian Penal Code.

(3). The facts of the case may be briefly summarised as below: On 19th September, 1982 at 5.00 P.M. accused Hari Ram gave an oral information about the alleged offences. The information given by him in the Police Station was to the effect that Smt. Para W/o Munshi Ram owned land measuring three squares. She had given her land to Ram Pratap on the basis of an agreement. Ram Pratap is the brother of the accused. Ram Pratap and the accused were cultivating the land of Smt. Para for last three years. Smt. Para formerly lived in Nihalpura but about 5 days before the date on which oral information about the offences was given by Hari Ram, she went to Village Miyawala. On 17th September, 1982 Rupa Ram who is the brother of Smt. Para went to village Nihalpura and met the accused Hari Ram. At that time Bagdawat and Sohan Lal were sitting with Hari Ram as they used to live with him. Rupa Ram complained to Hari Ram that the later had taken the land from Smt. Para by mis-leading her and that he would take back the land and would not allow Hari Ram to cultivate the land. This lead to heated exchange of words and after sometime Rupa Ram got up and went away. In the First Information Report Ex.P-23 given by Hari Ram it was further stated that Hari Ram, Bagdawat and Sohan Lal pondered over the matter and they thought that Rupa Ram might create difficulty for them, therefore, all three of them ran after Rupa Ram with lathis in their hands.They caught Rupa Ram at ``Pule which was near the house of Sahab- ram Meghwal and Hari Ram inflicted a lathi blow on the head of Rupa Ram, Bagdawat and Sohanlal inflicted lathi blows on his legs. Injuries were also caused on his chest and after that Rupa Ram was forcibly taken to the house of Hari Ram where he was confined in a `Kotha after giving him a beating. Sohan, Jail Singh, Sahab Ram, Gurdayal Singh and some other persons had witnessed the incident but they did not intervene. It was also stated in the First Information Report Ex.P-23 that Rupa Ram remained in agony for sometime and early in the morning he expired. His dead body remained lying in the house of the accused Hari Ram. They desired to dispose of the dead body but it could not be carried out. In the morning of 19th September, 1982 Sohan Lal and Bagdawat went away from the house of Hari Ram and thereafter Hari Ram alone remained with the dead body. In the First Information Report Ex.P-23 it was also stated by Hari Ram that when the dead body started decaying the thought that it was not possible to conceal the dead body any more, therefore, he reported the matter to the Police.

(4). On the basis of the First Information Report Ex.P-23 given by the accused Hari Ram the Police registered a case under Section 302 of the Indian Penal Code and commenced investigation. During investigation the dead body of Rupa Ram was recovered from the house alleged to have been in the possession of the accused Hari Ram. Post-Mortem examination of the dead body was conducted. It was found that he died on account of several injuries found on the body. After com- pleting investigation the Police submitted a charge-sheet in the Court of learned Munsif and Judicial Magistrate, Suratgarh who committed the c

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