Bhagwati Prasad, J. - (1.) The appellants were tried by the Court of Sessions Judge, Jodhpur for offence under Section 302 read with Section 34 IPC for causing the death of Sesu Giri and accused Jai Ram was also charged under Section 323 IPC. After trial all the three accused persons were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and accused Jai Ram was in addition to the above was also convicted under Section 323 IPC and was sentenced to 3 months R.I.
(2.) Being aggrieved by the judgment of the learned Sessions Judge, Jodhpur dated 30.7.1992 passed in Sessions Case No. 136/91, the present appeal has been preferred by the appellants.
(3.) The case against the accused was that on 2.6.1992 in the after-noon at about 3.15 p.m. the first informant Mangu Giri alongwith younger brother Sesu Giri was sitting in their field. Sohan Giri, Ganpat Giri were also sitting with them. Om Giri alongwith Jai Ram and Ganga Ram labourers were working in the field. The field of the accused persons was just adjacent to the field of complainants. Om Giri and the labourers were correcting the dividing doli i.e. Wall in the field. There was a Neem tree on the Doli dividing the field and its roots were also being adjusted. At that time accused Chimna Ram, Jai Ram and Bachana Ram came there. Chimna Ram had a Farsi, Bachana Ram had a Kulhari and Jai Ram had a lathi. After arriving at the spot Chimna Ram objected as to why they are cutting the roots of the Neem tree and he asked Om Giri to call his father. Om Giri reached to the place where Sesugiri, Mangugiri, Sohan Giri and Ganpat Giri were sitting and narrated them the version. On this Sesu Giri alongwith other person proceeded to that place. No sooner he reached at the spot all the three accused appellants started assaulting Sesu Giri Chimna Ram with Kasi, Bachana Ram with Kulhari and Jai Ram with Lathi, when Om Giri tried to intervene, he was also assaulted by the appellant Jai Ram. Sesu Giri received a number of injuries. After causing the injuries to the deceased the accused persons ran away towards their house. The injured Sesu Giri was put in a tractor and was taken to the hospital where, before he could receive any treatment, he succumbed to his injuries.;