R.S. Chauhan, J. - (1.) Both these appeals are directed against the judgment dated 12.6.2003, passed by the Additional Sessions Judge, Kotputali, Dist. Jaipur, whereby the learned Judge has convicted and sentenced the appellants as under: Arjun and Phool Chand : Under Section 302 IPC to Life Imprisonment and to pay a fine of Rs. 500/- and to further undergo a simple imprisonment of three months in default thereof. Banshi, Jagdish @ Jagga, Heera Lal and Navratan @ Naurata: Under Section 302/149 1PC to undergo Life Imprisonment and to pay a fine of Rs. 500/- and to further undergo a simple imprisonment of three months in default thereof. Jagdish @ Jagga and Heera Lal: Under Section 323 1PC to undergo one year of rigorous imprisonment. Arjun, Phool Chand, Banshi, and Navratan @ Naurata : Under Section 323/149 1PC to undergo one year of rigorous imprisonment. Arjun, Phool Chand, Banshi, Jagdish, Heera Lal and Navratan @ Naurata: Under Section 148 1PC to undergo a simple imprisonment of two years. All the accused persons were, however, acquitted of charges under Section 452 IPC.
(2.) Since both these appeals arise out of the same impugned judgment, 25 they are being decided by this common judgment.
(3.) The prosecution case is that on 24.9.2000, around 8.45 PM, one Ghuna (PW. 16) submitted a written report (Ex.P.22) before the Police Station, Pragpura, Dist. Jaipur wherein he stated that "around 6.30 in the evening his father and he were sitting inside their house and enjoying 'Hukka'. His mother, Ambari Devi and his sister, Gothi were cutting the vegetables. Suddenly, Arjun who had a Kulhari (axe) in his hand, Jagdish who had a bamboo stick ('Lathi') in his hand. Phoolram who had a "Kulhari" (axe) in his hand, Heera, Naurata, Badri, Cheetar, Sohan, Shiv Lal, Banshi, Umrao, and their wives Dholi, Goodi, Santi carrying bamboo sticks ('lathis) entered 5 their house and started assaulting them. Arjun hit my father with a Kulhari, Jagdish hit my mother on her head with a 'lathi', Phoolram hit my sister on her head, Hira hit my elbow. There is animosity and dispute between us over our land.;