B. Sudershan Reddy, J. - (1.) This appeal pursuant to the special leave granted is directed against the concurrent judgments.
(2.) The two appellants were tried for offences punishable under Sections 147, 323, 324, 302 of IPC. The trial court convicted both of them for the offences punishable under Sections 148, 201 and 302 IPC. On appeal, the High Court, however, confirmed the sentences awarded against the appellants for the offences punishable under Section 302 of the IPC while setting aside the conviction of the appellants of the charges under Sections 201 and 148 IPC. The prosecution case is as follows: On May 25, 1999 at about 1.00 p.m., Chuttu @ Nizamuddin (PW-5) lodged a Parcha Bayan (Ex. P-12) before the Police Sub-Inspector of Kotwali, Tonk inter-alia stating that at about 12.30 in the noon he along with Saleem (PW-7) and Noor (PW-13) were getting a truck repaired at Rajasthan Tyrewala near Roadways Depot, Tonk. One Mohamaad Deen @ Mulla (deceased) came at the shop of Ayub Bhai (PW-6). All of a sudden about 10-12 persons equipped with deadly weapons such as gupties, swords, knives and gandasas came there and surrounded the deceased. Javed Masood (A.1), Syed Najeeb Hassan (A.2), Ashraf and Aziz were armed with gupties and others were equipped with swords and knives. Javed Masood inflicted blow with gupti on the chest of the deceased, Najeeb and others inflicted blows on neck, face and back. One Gullo and Sadiqque gave blows with swords on hands of deceased. Thereafter the assailants fled away from the scene of occurrence under the impression that Mohammad Deen @ Mulla was dead. Meanwhile police patrol van reached at the spot and removed the deceased to the hospital where he was declared dead. On the basis of Parcha Bayan, the FIR No. 184/99 (Ex. P-48) was registered and investigation commenced. On completion of investigation, charge-sheet was filed against the appellants and investigation was kept pending under Section 173(8) Cr.P.C. against the rest of the individuals named in the Parcha Bayan. The prosecution in support of its case examined as many as 33 witnesses and got marked certain documents and material objects in evidence. The appellants denied the charges and claimed trial.
(3.) The trial court accepted the prosecution case and convicted and sentenced the accused, as stated above. The trial court held that the prosecution proved its case beyond reasonable doubt against the appellants and held them guilty of having entered into a criminal conspiracy, unlawful assembly and committing murder of the deceased. The High court, however, confirmed the conviction of the appellants only under Section 302 IPC and acquitted them of the rest of the charges.;