Hon'ble JOSHI, J.- This order will decide DB Criminal Appeal No.842/2008 preferred by Ganga Ram and Smt. Radha Devi, as well as D.B. Criminal Revision Pet. No.185/2009, preferred by Hanuman Ram complainant, against the order of the acquittal of Ramchandra. Both, this appeal and revision arose out of the same order, and therefore, they are being decided by a common order.

2. Appellants Ganga Ram s/o Shiv Karan by caste Jat, r/o Bhadsiya, Police Station Peelwa, District Nagaur and Smt. Radha Devi w/o Shri Ganga Ram, by caste Jat, r/o Bhadsiya, Police Station Peelwa, District Nagaur, have preferred this appeal against the judgment of conviction and order of sentence, dated 14.11.08 passed by the learned Addl. Sessions Judge (Fast Track), Parbatsar, in sessions Case No.03/2008 and 10/2008.

3. The learned trial Judge convicted the accused appellants under Section 302/34 and Section 323 of the Indian Penal Code and sentenced them as under:

1. For the commission of offence under Section 302/34 IPC both the accused appellants were sentenced to undergo life imprisonment and were ordered to pay a fine of Rs.5,000/- each and in default of payment of fine, to further undergo six months' rigorous imprisonment.

2. For the commission of offence under Section 323 IPC, both the accused appellants were sentenced to undergo six months' simple imprisonment and pay a fine of Rs.500/ -and in default of payment of fine, to further undergo one month's simple imprisonment. Both the sentences were ordered to run concurrently.

4. The learned trial court acquitted the accused Ramchandra for the commission of offence under Section 302/34 IPC and aggrieved by that order a DB Cri. Revision Petition No.185/2009 had been preferred by the complainant.

5. The nub of the prosecution story is that on 20.02.2007 at 04.40 PM, complainant Hanuman Ram had submitted a written report at police station Peelwa, District Nagaur, stating that on that day at 10.00 AM, while he was going along with his father to his house, the accused appellants along with co-accused Ramchandra , inflicted injuries with 'sariya' and 'lathis' on his father, Kesa Ram, as a result of which, Kesa Ram sustained injuries. On the basis of the above report, a criminal case No.108/2007 under Section 323 and 341 of the Indian Penal Code was registered. Later on, on 22.09.09, the injured succumbed to the injuries and died. Therefore, the case was registered under Section 302 of Indian Penal Code also and the investigation commenced.

6. During the course of investigation, the investigating officer recorded the statements of the witnesses, prepared a site plan, got the autopsy of the body done and after usual investigation, filed a challan against the accused appellants along with Ramchandra, under Section 302 IPC, in the court of Addl. Chief Judicial Magistrate, Parbatsar, from where the case was committed to the court of Addl. District & Sessions Judge, Parbatsar and ultimately transferred for trial to the court of Addl. Sessions Judge (Fast Track), Parbatsar.

7. All the accused were charged for the commission of offence under Section 302 and 323 IPC to which accused did not plead guilty and claimed to be tried. In support of the alleged charge, prosecution adduced 19 witnesses, namely, PW/1 Bhagwanaram, PW/2 Anita Meena, PW/3 Sayari Devi, PW/4 Hanumanram, PW/5 Smt. Manju Devi, PW/6 Jagdish, PW17 Rameshwar, PW/8 Hardeen , PW/9 Rajuram, PW/10 Dr. Ramratan, PW/11 Kaluram, PW/12 Ramchandra, PW/13 Begaram, PW/14 Ramendra Singh, PW/15 Dr. Sumer Singh, PW/16 Dr R.K. Mathur, PW/17 Narendra Singh, PW/18 Kana Ram, and PW/19 Ugamraj.

8. The accused were asked to explain the incriminating evidence adduced by the prosecution during the course of the trial. The accused appellants produced no evidence in their defence. After hearing both the parties, the learned trial Judge, vide order dated 14.11.2008, convicted the accused appellants Ganga Ram and Sml. Radha Devi and sentenced them as above and acquitted the accuse