Honble MADAN, J.–This criminal appeal arises out of judgment of the Additional Sessions Judge Kishangarh whereby each of the appellants (Bhanwari, Harji, & Goma) has been convicted and sentenced U/s. 147 IPC to undergo two years RI, and U/s. 302/149 IPC to undergo life imprisonment with a fine of Rs. 1000/- (in default, further 6 months RI).

(2). The prosecution launched against the appellants has resulted out of a report (ExP10) lodged on 25.7.99 at PS Arai (Ajmer) by Ranglal (PW8) alleging therein that his mother Chandri had gone to look after their agricultural field as usual while he had gone to attend meeting of Gram Panchayat and when he returned back in the evening at about 5 PM then Kalu (PW 4) gave out that Chandri was dragged and thrown into well by Bhanwari, Harji, Gheesa Bhagchand, Goma alongwith their wives, Teju & Amra, by forming an unlawful assembly having common intention at about 3.30 PM. On such a report crime (FIR No. 106/99 ExP11) was registered for offence punishable U/ss. 147, 149 and 302 IPC. After usual investigation a challan was filed against the appellants and the investigation was kept pending U/s. 173(8) Cr.P.C. to which case was committed by the learne

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