JUDGMENT G.R. Moolchandani, J. - This appeal is directed against the judgment passed by Additional Sessions Judge, Dholpur in Sessions Case No. 85/85 dated 17.03.1986, whereby famed trial court has convicted the accused-respondents as under :- "All the accused have been sentenced for the offence. Under Section 325/149 - 5 years R.I. Under Section 323/149 - 1 year R.I. Under Section 147 - 2 years R.I. And accused Jagdish, Sukhram, Mohangiri and Sirmohar under Section 148 of IPC -2 years R.I." 2. Feeling aggrieved State of Rajasthan preferred an application seeking grant of leave to present appeal and this court while disposing of the same granted leave to file an appeal on 06.07.1987 and as such instant appeal was registered. 3. During pendency of appeal some of the accused persons namely accused respondent No. 4 Bhoti Ram son of Bahadur Jatav, respondent No. 5 Kalian son of Neksia Jatav, respondent No. 6 Genda son of Malkhan Gurjar, respondent No. 7 Sukh Ram son of Mohan Prasad Gurjar and respondent No. 14 Sirmohar son of Bahadur Gurjar have died, so, appeal qua them was dismissed as having abated on 23.03.2010, accordingly order of abatement qua the same accused persons was also passed in S.B. (D.B.) Criminal Appeal No. 186/86 on 23.03.2010, During this period some of the accused namely Hari Singh son of Devi Singh Gurjar, Raghuveer Singh son of Devi Ram Gurjar, Mohar Giri son of Murli Giri Gusal have also expired and affidavit to this effect has been filed by Police Superintendent Dholpur disclosing therein about the demise of accused Hari Singh son of Devi Singh, Raghuveer son of Devi Ram, Sirmohar son of Bahadur, Mohan Giri son of Murli Giri, Bhogiram son of Bahadur, Kalian son Neksia Jatav, Genda son of Malkhan and Mohan Giri son of Murli Giri. 4. A cross appeal bearing D.B. Criminal Appeal No. 186/86 Jagdish & Ors. vs. State was also filed by all the accused-appellants against the judgment impugned. Since both the appeals have arisen from the same judgment hence both the appeals are being decided by a common judgment. 5. 4. A cross appeal bearing D.B. Criminal Appeal No. 186/86 Jagdish & Ors. vs. State was also filed by all the accused-appellants against the judgment impugned. Since both the appeals have arisen from the same judgment hence both the appeals are being decided by a common judgment. 5. Contents of Parchabayan Exhibit-P1 on basis of which formal FIR has been lodged read as under :- The above Parchabayan was given by Kanchan Giri on 03.07.1983 at 10.45 AM, on basis of which formal FIR Exhibit-P14 for the offences under Sections 302, 447, 341, 147, 148, 149, 379 and 325 of IPC was registered at Police Station Baari, District Dholpur. Exhibit P-2 spot-map reflects that incident has taken place at point ''A'' in Khasra No. 107 1/2 bigha., which is comprised of 1 Ecchymosis developed. Right congectivas and swelling both lids. Right eye blue. Left eye swelling both lids. Blood coming out from nostrils and mouth. Bruise 5" x 4" irregular just above the right eyebrow. Bruise 3" x 3 1/2 inches above the left eyebrow 6. Autopsy Report Exhibit-P9 dated 03.07.1983 reveals that Postmortem of deceased Hari Giri son of Hansa Giri Gusal was conducted on 03.07.1983 at 04:00 pm and duration of death was found to be within 20 hours and cause of death was found due to head injury. 7. Doctor J.P. Agarwai PW7, who conducted postmortem on the body of deceased has stated that on 03.07.1983 he had performed postmortem on the body of the deceased Hari Giri at 04:00 pm and following external injuries were found vide Exhibit-P9 :- 4. Bruise 3" x 5" just below the right clavicle irregular shape 4" above the right nipple. 5. Bruise back of the right chest, back of the right lumbar region and right gluteal region. 6. Bruise back of the left chest upto left regional angle. 7. Bruise whole of the left gluteal region. 8. Lacerated wound 3" x 1/2" on the right leg mid of the shin of tibia. 9. Lacerated wound 1/2" x 1/4 medial side of the right great toe and internal injuries found were as under :- (i) Scalp, Skull bones : full of blood "(black colour) on right parietal region and blood present left parietal and frontal region. (ii) Irregular multiple fracture of the right parietal bone. Multiple fracture of right parietal bone 2" long oblique fracture of right frontal bone. 2. (ii) Irregular multiple fracture of the right parietal bone. Multiple fracture of right parietal bone 2" long oblique fracture of right frontal bone. 2. Membranes - full of blood. Blood present right and left both side. Brain injured by the fracture of right parietal bone. Gray and white matters damaged by the wound left side only blood present. Left side of brain was healthy. 3. Base of skull a linear fracture of base of skull. Frontal portion and parietal portion. Dr. J.P. Aggarwal (PW7) has further confirmed that the cause of death was due to head injury and duration was probably within 20 hours at the time, he prepared post-mortem report Exhibit-P9, he has further said that at 03:45 pm, he had examined injuries of Munish Giri vide Exhibit-P10 and on 03.07.1983 at 03:25 pm, he had examined Smt. Ramdulari wife of Kanchan Giri vide Exhibit-P11. Injuries on the body of Sanjgiri vide Exhibit-P12 and injuries on the body of Mohar vide Exhibit-P13 have also been stated to be examined by this witness at 2:35 P.M. 8. Dr. J.P. Agarwal (PW7) has also stated that Harigiri was having two injuries on his forehead and has also stated that constitution of human skull is similar to a coconut and if frontal bone is impinged, then it may cause fracture to temporal bone and external bone on left-right side of the skull and has also observed that fracture of right temporal bone could be the reason (result?) of injury Nos. 2 and 3 of forehead and has also stated that if timely treatment would have been provided, then death was not imminent and it was suspected either side. He has also stated that apart from injury No. 4, all injuries found on the body of Kanchan Giri were simple and he was advised X-ray for injury no.4. Exhibit-P3 is drawn by him and he has also opined that the injury found on her body could have been caused by lathi blow. 9. Prosecution has produced reliable ocular evidence of several witnesses, some of them are injured as well. PW1 Kanchan Giri has stated that incident took place seven months back. Exhibit-P3 is drawn by him and he has also opined that the injury found on her body could have been caused by lathi blow. 9. Prosecution has produced reliable ocular evidence of several witnesses, some of them are injured as well. PW1 Kanchan Giri has stated that incident took place seven months back. On Saturday at about 12 noon he was ploughing his field, his brother Hari Giri and Mohar Giri were also there, Ramdulari wife of Kanchan Giri was there and she had brought his lunch and has further stated that from western side accused Sirmour, Bhogiram, Bhujbal, Uttam and Parmal came armed, Sirmour was having a gun, Bhogiram was having a Katta and rest were having lathies. Laxman, Raguveer, Mahaveer, Hari Singh, Medha, Jagdish and Sukha came from north side, Sukha was armed with gun, Jagdish was having farsa, rest were armed with lathies and has also stated that from eastern side Mohan, Rattan, Rameshwar, Kalian Chamar and son of Budha Chamar with son of Pyare Chamar also came there and has also said that Neta Saligram also came there along with them. Mohan was having a gun, Neta Saligram was having a pistol and a wand and rest were having lathies, all started beating them and he was beaten by all the accused persons and has stated about the injuries sustained by him, he also stated that Hari Giri and Mohar Giri were also injured, Sanja Giri sibling of Mohar Giri also sustained injury in his leg and Munesh Giri son of this witness also sustained injury on his head, Ramdulari his wife also sustained injuries and has also stated that Hari Giri died in the same evening, he has also stated that Neta Saligram had given a stick blow on the head of Hari Giri and has stated that during fight Sheela wife of Mohar Giri also arrived there and she had witnessed the incident. He has also stated that after beating, accused persons took away their cattles and Juara and has further stated that the accused persons took away four buffaloes and two calves from his nearby house, the animals belonged to him and his brother Mohar Giri, he has also stated that later Jagannath and his wife and wife of Mohar Giri and Kanhaiya were taken and carried to their home, accused persons decamped with animals. Jagannath went to police station to lodge FIR, which was denied and they asked to bring dead body, so they were compelled to stay in the village for whole of the night, he has further stated that after keeping their animals somewhere else the accused persons kept wandering around their house. Next day at about 10-11, policemen came and carried them to police station Baari, he has confirmed Exhibit-P1 his Parchabayan and has accepted his signature over It. He has further corroborated Exhibit-P2 spot-map, Exhibit-P3 Injury report and has stated that after autopsy, body of Hari Giri was given to him vide Exhibit-P4 and has further accepted his signatures on Exhibit-P5, Exhibit-P6, Exhibit-P7 and has stated that the field, where occurrence had taken place, belongs to him, he has also stated that they are owner of Khasra No. 107. It is worthy to be observed that spot-map Exhibit-P2 indicates that point ''A'', where the incident happened was Khet Khasra No. 107. He has also stated the boundaries of Khet Khasra No. 107 are not disputed, he has specifically said that quarrel had taken place in Khasra No. 107, this witness has been cross examined elaborately but nothing abnormal, causing weakness to the testimony has emerged from his cross-examination, rather the cross-examination has confirmed and corroborated the incident, he has also stated that accused Saligram was having animosity with him, Sirmohar was accompanying Saligram, he has also said that during beating given he had become unconscious but was gaining consciousness Intermittently; so observed accused persons taking away their cattle. 10. PW2 Sheela is also an eye-witness, she too has narrated ocular account of the incident and beating, trifle discrepancies on factual aspect are there in her testimony, which have got no impact on the truthfulness of the testimony. 11. 10. PW2 Sheela is also an eye-witness, she too has narrated ocular account of the incident and beating, trifle discrepancies on factual aspect are there in her testimony, which have got no impact on the truthfulness of the testimony. 11. PW3 Ramdulari has also confirmed and ratified ocular account of the incident, this witness is an injured witness, she has also said that Jagdish gave a lathi blow on her palm and lathies were also given on her thighs and on other parts of her body, she has also stated that Mohar Giri and Hari Giri took shelter in a hut to secure themselves but accused persons dragged them out and gave them beating with lathis, she has also stated that their cattle were also taken away by the accused persons and has also said that her injuries were medically examined, she has also stated that identification parade was not done because all the accused persons are known to her and witness them regularly, she has also said that Hari Giri fell down due to stick blow given by Saligram, who stood and ran towards a hut but accused persons continuously gave blows upon Hari Giri. She has also said that her husband Kanchan Giri and Mohar Giri were aiso given lathi blows, when they were running away, she has also stated that her statement was recorded by the police. Nothing abnormal has emerged in her cross-examination. Likewise PW4 Jagannath has also narrated ocular account of the incident and has narrated involvement of all the accused persons, he has verified execution of Exhibit-P2, Exhibit-P7 and Exhibit-P8, he has also said that Hari Giri, Kanchan Giri were running to have shelter towards a Jhopdi, but accused persons were giving lathi blows from behind, he has also stated that 10-20 persons were going there to their fields but they did not come to rescue, he has also stated that his statement Exhibit-D1 was recorded by Deputy Saheb. In his cross he has also said that at the time of the incident, he was there in the field, where the incident had taken place. 12. PW5 Kanhaiya has stated that Kanchan Giri and Mohar Giri were his sons-in-law, Hari Giri was their brother, he has further stated that 4-5 days back to the incident, he had been to the house of Kanchan Giri. 12. PW5 Kanhaiya has stated that Kanchan Giri and Mohar Giri were his sons-in-law, Hari Giri was their brother, he has further stated that 4-5 days back to the incident, he had been to the house of Kanchan Giri. Mohar Giri and Hari Giri & Kanchan Giri were ploughing their fields. He has also stated ocular account that three parties came from three different directions armed with gun, lathies and farsa and gave beatings to Hari Giri, Mohar Giri and Kanchan Giri, he has also stated that he requested them with folded hands, but they threatened to finish complainant party. He has also stated similar kind of events that after giving beatings accused persons took away their cattle and has stated that Hari Giri died at 9-10 pm, he has also stated in his cross that he had witnessed incident from Khasra No. 107, apart from Saligram 4 to 5 accused persons gave lathi blowson the head of Hari Giri and all accused gave beatings to Hari Giri, some caused four and other caused five lathi injuries. Similar kind of narration and ocular account has been given by Mohar Giri PW6, he has also stated that initially Saligram gave stick blow on the head of Hari Giri and after injury Hari Giri had fallen in the field of Khasra No. 107, he has also narrated that Hari Giri, Kanchan Giri ran away towards Kachhi Jhopadi of Khasra Number 108 but accused persons dragged them out Hari Giri and Kanchan Giri were given beatings, he has further stated that Kanhaiya, Shivram and Jagannath requested the accused persons with folded hands but they were daunted to be away, none from out side came to their rescue, he has also stated that he was medically examined, Hari Giri died on the same evening, he too has stated, while decamping accused persons took away his ox and ox of Hari Giri from the field and their cattle were also carried and taken away from their houses and these were four buffaloes and two calves, he has also stated that all the accused persons had given lathi blows on Hari Giri. Jagannath was sent to police thana for lodging report, which was declined by thanedar, he has also stated that their cases were pending against Saligram and others for 15 to 16 years, no material contradictions have appeared from the cross of this witness, as well. 13. As such, testimony of all the eye-witnesses is almost similar and all have narrated ocular account in a positive and reliable away. 14. PW8 Vishram has also given ocular account of the incident and he has stated that he heard sound, which was coming from the field of Kanchan Giri etc. and accused persons were causing beating to them in their field. He has also stated that after giving beating accused persons came to the house of injured and took away their animals and one ox of Mohar Giri another of Hari Giri were taken away. He has also stated that two buffaloes, one calf of Kanchan Giri and one calf & one buffalo of Mohar Giri were taken away and one buffalo of Hari Giri was also taken away, police statements of this witness Exhibit-D6 were also recorded. In cross he has also stated that accused persons had broken the door with their legs, wands and farsa, nothing material causing frailty to the disposition has appeared in cross of this witness as well. 15. Testimony of PW9 Radhey Shyam, (ASI) PW10 Ravindra Kumar, (SI) and PW11 Mahendra Kumar Goyal, CO has remained unimpeached, as such testimony pertaining to investigation and link and recovery has also remained non disturbed. 16. Evaluation and examination of the afore-discussed evidence reflects that prosecution has succeeded in proving its case by reliable and material evidence. Ocular account of the testimony has been narrated by several witnesses of the prosecution, some of them are also injured, there is no infirmity in the testimony of the prosecution witnesses, injuries and death account has properly been explained and verified by the medical testimony. A candid version had also appeared that revenue dispute was sub-judice and pending between both the sides for decades together. 17. It is also apparent that both sides were having hostile relations, therefore, we do not find any perversity or infirmity in the finding of conviction as recorded by learned trial court. Learned trial court has correctly appreciated the evidence adduced and has observed : 18. 17. It is also apparent that both sides were having hostile relations, therefore, we do not find any perversity or infirmity in the finding of conviction as recorded by learned trial court. Learned trial court has correctly appreciated the evidence adduced and has observed : 18. So we find that learned trial court has correctly held them guilty, no ground is made to alter the conviction, but in the present case incident belongs to 02.07.1983, as such a period of about 34 years has already elapsed, thus, the appellants have suffered pain and agony of a protracted trial from the last so many years of about three decades, hitherto courts have construed the sufferance of protracted trial as mitigating circumstances. 19. Considering the factum of protracted trial and age of the accused persons, some of whom are in their fifties, sixties and so on, we are of the view that ends of justice will be met if the sentence of five years awarded to all the accused respondents for the offence under Section 325/149 is reduced to a period of three years rigorous imprisonment in place of five years under Section 325/149. The sentence as awarded to the accused respondents for the offence under Sections 323/149 and that of under Sections 147 and 148 of IPC, shall remain unaltered, period already undergone by the accused-appellants during trial and after conviction shall be set off from the period of reduced sentence and all the sentence shall run concurrently. 20. Thus, appeal filed by accused-appellants bearing D.B. Criminal Appeal No. 186/86 Jagdish & Ors. vs. State of Rajasthan is partly allowed in aforesaid terms and State appeal bearing D.B. Criminal Appeal No. 248/87 is dismissed, accordingly. 21. Both the appeals are decided and disposed of in aforesaid terms, Accused-appellants namely 1. Jagdish son of Sirmohar, 2. Laxman Singh son of Devi Ram, 3. Rameshwar son of Neksia Gusai, 4. Bhujwal son of Bahadur Gujar, 5. Uttam son of Bahadur Gujar, 6. Parmal son of Bahadur Gujar, 7. Ramdeen son of Budha Ram and 8. Mahaveer son of Devi Ram are directed to surrender forthwith before the trial court to serve the sentence. Learned trial court is also directed to ensure compliance. 22. Let record of the trial court be sent back with a copy of the judgment expeditiously.