Mahesh Chandra Sharma, J. - (1.) This appeal has been filed against the judgment dated 22.4.1988 passed by Sessions Judge, Tonk in Sessions Case No. 34/1987, whereby the accused appellant Jagdish has been convicted for the offence under Section 307 IPC and sentenced to undergo 5 years Rl with fine of Rs.500/-; in default of payment of fine, to further undergone one months Rl; and the accused appellant Ramdeva has been convicted for the offence under Section 323 IPC and instead of sentencing him for the aforesaid offence, he has been released on probation along-with the compensation of Rs.200/-; to be paid to PW 2 Nanga.
(2.) Brief facts of the case are as under:- "On 30.12.1986, PW-1 Phool Chand lodged an FIR in Police Station, Kotwali, District Tonk and it was alleged by him that on that day about 10-15 cows were destroying their crops. They took away those cows to get them put in Kanji House. When they were going in the way, Jagdish Gurjar and Ram Deva Gurjar met and stopped them and told that they should release their cows. Jagdish was armed with Gandasi and Ram Deva was armed with Kulhadi. Jagdish gave Gandasi blow on his person. He gave three blows. Ram Deva gave blow on the person of Nanga. On the basis of the aforesaid report, case under Sections 307, 324, 341, 323/34 IPC was registered. After completion of investigation, the Police submitted a challan against the accused appellants under Sections 307, 324, 323, 341/34 IPC. The case was committed to the court of Sessions Judge, Tonk for trial. The learned Sessions Judge framed the charge against the accused persons, who denied for the same and Claimed for trial. The prosecution has submitted witnesses and some documents were exhibited. After hearing both the sides, learned Sessions Judge has convicted the accused appellants vide his judgment dated 22.4.1988, as indicated here-in-above.
(3.) Against the said judgment dated 22.4.1988, the appeal was preferred by the accused appellants.;