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 cas

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