- (1.) The accused appellant Ganesh (since deceased), his two brothers Nannu & Haria and two sons Badri & Mangla preferred this appeal assailing the judgment & order of learned Sessions Judge, Jaipur District, Jaipur passed in Sessions case No. 10/82 on 30.11.1982, whereby the appellants Ganesh & his brother Nannu were convicted for offence under Section 302 IPC whereas his two sons Badri, Mangla and brother Haria for offence under Section 342 IPC. The five accused were sentenced as under: (1)Accused-appellant Ganesh for Offence u/s.302 IPC: Sentenced to life imprisonment. (2)Accused-appellant Nannu for Offence u/s.302 IPC: Sentenced to life imprisonment. (3)Accused-appellant Badri, Mangla & Haria for Offence u/s.342 IPC: Sentenced to 2 months' rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine to further undergo one month's simple imprisonment.
(2.) Appeal filed by Ganesh abated on account of his death.
(3.) Brief facts of the case as culled out by the prosecution are that in his Parcha Bayan Ex.P/15 recorded on 21.11.1981, PW-15 Bhura alleged that at about 10-10.30 am, he alongwith his sons Lalia, Chhotia and Ramsukha was working in Malia Balai's field.;