- (1.)The appellants have filed this appeal under Section 374(2) Cr. P.C. against the judgment dated 11-12-1995 passed by Shri Ashok Kumar Sharma, RHJS, Sessions Judge, Pali, in Sessions Case No. 26/93 by which he convicted and sentenced the accused as hereunder :-
1) Mahendra Singh u/Ss. 302/34, IPC Imprisonment for life and a fine of Rs. 250/- in default one month's rigorous imprisonment

u/S. 341, IPC Simple imprisonment for 15 days

u/S. 435, IPC Two year's rigorous imprisonment and a fine of Rs. 250/- in default one month's rigorous imprisonment

u/S. 201, IPC Two year's rigorous imprisonment and a fine of Rs. 250/- in default one month's rigorous imprisonment

u/S. 4/25, Arms Act Six months' rigorous imprisonment and a fine of Rs. 100/- in default 15 days' rigorous imprisonment

2) Teju Singh u/Ss. 302/34, IPC Imprisonment for life and a fine of Rs. 250/- in default one month's rigorous imprisonment

u/S. 341, IPC Simple imprisonment for 15 days

u/S. 435 Two year's rigorous imprisonment and a fine of Rs. 250/- in default one month's rigorous imprisonment

u/S. 201, Two year's rigorous imprisonment and a fine of Rs. 250/- in default one month's rigorous imprisonment

(2.)All the substantive sentences were ordered to run concurrently.
(3.)The prosecution story, as unfolded during trial, may be stated as follows. On 12-7-1992 at about 7.05 p.m. Bhanwarlal S/o Prabhu Nayar r/o Village Pipar filed a written report Ex. P-9 before Balamsingh PW-27 at Police Station Bagri. Shri Bhanwarlal alleged in the above report that he was a mechanic doing the work of diesel engine winding. Shri Sujan Singh deceased engaged him for repairing the former's diesel engine at his well. He, therefore, went to Sujan Singh at his house and they together went to the well of Sujan Singh. After finishing the assigned work, both were returning from the well to the village. Sujan Singh was driving his Hero Motor Cycle and he was the pillion rider. When they reached near the ancut, both the accused suddenly came out from the babool bushes and they signalled Sujan Singh to stop the motor cycle. Mahendra Singh was armed with a dhariya and Teju Singh was having a lathi. Mahendra Singh in order to kill Sujan Singh struck a dhariya blow on Sujan Singh which landed on his left neck. Teju Singh also inflicted a lathi blow which Sujan Singh tried to ward off and in the process sustained injury on his left hand. As a result of the impact of beating Sujan Singh fell down from the motor cycle. After his fall, both the accused subjected him to severe beating as a result of which Sujan Singh died on the spot. Both the accused then took out petrol from the petrol tank of the motor cycle and put both of them to fire. He was witnessing this diabolic act being committed by both the accused from some distance concealing himself in the bushes. The other eye-witness who witnessed this murder were Mohan Maharaj and Smt. Maina w/o Mohan Maharaj. In the report Bhanwarlal further stated that Sujan Singh was done to death on account of some land dispute. The occurrence took place at about 5.00 p.m. The distance between the place of occurrence and the Police Station is of 12 kilometers. Balam Singh PW-17 on receipt of this report registered a case u/Ss. 302, 201, 342 and 427 IPC and investigation commenced. He reached the site about 8.00 p.m. Since there was no light at the place of occurrence he could not make any further investigation except that he deputed a few constables to keep guard over the place of occurrence. He returned to the Police Station and then reached the site again the following day. He found the body of Sujan Singh and the motor cycle partially burnt. He prepared the site plan Ex. P-1 in presence of Narayandas, Tejaram and Bhanwarlal. Photographs of the place of occurrence were also taken. He recorded the condition of the body of Sujan Singh in Ex. P-2. The dead body was indentified by Gorakh Singh, brother of the deceased Sujan Singh. The blood stained pyjama of Sujan Singh was seized in presence of the above witnesses and sealed there by Balam Singh. Seizure memo Ex. P-3 was prepared. He also collected the blood stained and controlled soil from the place of occurrence and prepared memo Ex. P-4. He further seized the motor cycle, watch of the deceased alongwith a cash of Rs. 1262/- from the place of occurrence as mentioned in Ex. P-10. The inquest report Ex. P-5 was prepared and the panchas were of opinion that Sujan Singh died on account of multiple injuries. The postmortem of the body of Sujan Singh was performed by the Medical Board consisting of Dr. Jagdish Mewara, Dr. Himanshu Jodhi and Dr. Arvind Nawal. They found that the animals had eaten part of the body of Shri Sujan Singh in the shoulder region. They noticed the antemortem injuries and noted the same in the postmortem report Ex. P-16. They also found semi digested food in the stomach. According to the opinion of the Medical Board Sujan Singh must have died between eight to thirty six hours before the postmortem. The postmortem was conducted on 13-7-1992 between 12.50 p.m. and 2.50 p.m. The Investigating Officer examined several witnesses including the material witnesses, namely, Mohan Maharaj, Smt. Maina and Nathu. The seized articles were sent to the State Forensic Science Laboratory, Rajasthan, Jaipur and the report Ex. P-35 was received. According to the above report, the pyjama, dhariya, lathi and baniyan were found to be stained with human blood, though the blood group could not be ascertained as the same had disintegrated. With this incriminating evidence, the challan was filed in the Court of Munsif and Judicial Magistrate, Sojat who committed the same to the Court of Addl. Sessions Judge, Sojat for trial. By the order of this Court, the case was transferred to the Distt. and Sessions Judge, Pali.