Honble BANSAL, J.–The instant appeal stems from the judgment dated Sept. 14, 1984 passed by learned Additional Sessions Judge No.1, Ajmer in Sessions Case No. 13/83 whereby he convicted and sentenced the appellant as under :-

Ram Niwas and Bhanwarlal each u/Sec. 304 Part 1/34 IPC 10 years rigorous imprisonment and a fine of Rs. 2,000/- and in default of and in default of payment of fine to further undergo 6 months rigorous imprisonment.

u/Sec. 323 IPC Fine of Rs. 1,000/- and in default to further undergo 3 months simple imprisonment.

(2). Briefly stated the prosecution case, is that on Nov. 1, 1982 at 2:00 PM `parcha-bayan Ex.P5 of PW.4 Smt. Kajodi wife of Ganga Bisan aged about 50 years by caste Sadhu, resident of Village Manda was recorded by PW.8 Govind Singh, ASI, Police Station Kekri District Ajmer in General Hospital, Kekri wherein Smt. Kajodi stated that yesterday her son Rameshwar had gone to till his field with plough. In the afternoon Rameshwar released his bullocks and started taking his meals. His bullocks entered into the field of Ram Niwas who is her brother-in-law (Devar) and started grazing there. In that field Smt. Kailashi, daughter-in- law of Ram Niwas also was gra

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