Honble MATHUR, J.–Both the appeals have been directed against the judgment dated 19.12.1981, passed by the learned Sessions Judge, Jodhpur, in Sessions Case No. 147/1980. In D.B. Criminal Appeal No. 659/1981, appellants Himmat Dan, Shiv Dan and Man Dan and in Appeal No. 1/1982, Pratap Dan, Har Dan and Bakhtavar Dan have been convicted of the offence u/s 302/149 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 100/- each and in default of payment, to further undergo one months rigorous imprisonment. All the accused persons have also been convicted of offence u/ss 148, 447 and 307/149 IPC and they have been sentenced to one years rigorous imprisonment, six months simple imprisonment and four years rigorous imprisonment respectively. Appellant Pratap Das has also been convicted of offence u/s 324 IPC and appellants Bakhtavar Dan, Har Dan, Himmat Dan, Shiv Dan and Man Dan of offence u/s 324/149 IPC and each of them has been sentenced to six months rigorous imprisonment. All the appellants have also been convicted of the offence u/s 323 IPC and sentenced to six months simple imprisonment. All the sentences have been ordered to run concurrently.

(2). The prosecution case as disclosed during the trial is that P.W.1 Ghewar Ram Megwal is a resident of village Birai, Tehsil Shergarh, District Jodhpur. On the outskirt of village Birai, there is a well known as Alakhsagar in the agricultural land bearing Khasra No. 409, belonging to him. There is also a land of his ownership and possession in Khasra Nos. 410, 689 and 408. The agricultural land in Khasra No. 408 was given in share to his brother Manak Ram. Rest of the land i.e. 17 bighas and 5 biswas of land in Khasra No. 410, 16 and half bighas of land in Khasra No. 689 and 12 bighas of land in Khasra No. 409 are in cultivatory possession of P.W. 1 Ghewar Ram for last more than 40 years. In between Nos. 410 and 689, there is a public way going from village Birai to Utambar. In two bighas of land in Khasra No. 410, Ghewar Ram had sown the crop of chillies in the year 1980 and in Khasra No. 689, the crop of `Bajari was sown. On 16.8.1980, P.W. 1 Ghewar Ram alongwith his son P.W. 2 Balu Ram and his wife P.W. 3 Smt. Jatna were working in the field of chillies. Ghewar Rams another son Bhera Ram (deceased) and his wife P.W.5 Mst. Noji and daughter-in-law P.W. 6 Mst. Chandani were in `Jhupa (Hut) constructed on the agricultural land bearing Khasra No. 410. Ghewar Rams daughter P.W. 4 Miss Mangi was grazing cattle in the nearby area. It is alleged that at 9-10 A.M., all the eight accused persons viz; (1) Pratap Dan (2) Sohan Dan, (3) Bakhtavar Dan, (4) Khet Dan, (5) Hardan, (6) Himmat Dan, (7) Shiv Dan and (8) Man Dan alongwith some labourers arrived on the land bearing Khasra No. 689. They started plucking the `sittiya of Bajra crop. As the accused persons were in large number, Ghewar Ram could not dare to object plucking of Bajari `Sittiya. They continued to pluck the Bajari `sittiya for an hour. Thereafter, they entered in the field of chillies where Ghewar Ram was working with other members of the family. Accused Pratap Dan and Sohan Dan were armed with `Kulharis. Rest of the accused were armed with lathis. Pratap Dan and Sohan Dan inflicted injuries on the head of Ghewar Ram by `Kulhari. On account of the injuries, he fell down. Thereafter, all the accused persons assaulted him. Bhera Ram, the elder son of Ghewar Ram came out of the `Jhupa to rescue his father. He was also assaulted by the accused persons. Bhera Ram also fell down on the ground. The wife of Ghewar Ram P.W. 3 Mst. Jatni came to rescue her husband but she was also assaulted. The same treatment was given to the son of Ghewar Ram i.e. P.W. 2 Balu Ram and P.W. 4 Mst. Mangi, daughter of Ghewar Ram, Bhera Rams wife P.W. 6 Mst. Chandani with her one year baby escaped from the Dhani. It is further alleged that the accused persons lifted all the injured persons namely Bhera Ram, Balu Ram, Ghewar Ram and Smt. Jatna fr

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