GOPAL KRISHNA SHARMA, J. - (1.) BOTH these appeals arise out of the judgment passed by the Additional Sessions Judge No. 1, Jaipur City, Jaipur dated 28th Feb., 1987, and hence, they are being disposed of by this common judgment.
(2.) BOTH the appellants have been found guilty of offence under Section 302, and each of them has been sentenced to imprisonment for life and a fine of Rs. 100/ -, and in default of payment of fine, to further undergo simple imprisonment for one month. Ramswaroop lodged a report at P.S., Ramgunj, on 16th November, 1985, at about 8 p.m., with regard to an incident, which had taken place on that day at about 5.30 p.m. He alleged that one Nauratan had come to him and informed that his (informant's) brother Moti, had been attacked with knife in Mehron -ki -Nadi, where he rushed to the spot, and reaching there, he saw that Shoki and Khalid were inflicting knife -blows to his brother Moti, and that one more person was with them, but he did not know that man but could identify him by his face. Seeing him, all the three persons ran away. There was a biscuit factory near the place of the occurrence, and so, so many persons had collected there, but, out of fear, they did not interfere, nor did any one try to rescue Moti. According the report, Panna had also arrived these. So, he himself and Panna then brought Moti in an auto -rickshaw to hospital. Moti told him that Khalid and Shoki had inflicted knife blows to him. He (Moti) was given medical -treatment by the doctors at the hospital but, after about an hour, he succumbed to his injuries. It was also alleged in the report that Shoki and Khalid used to demand money off and on, from Moti, and in that connection, the latter had been attacked by them.
(3.) ON this report, the police registered a case under Section 302, IPC, against the accused -persons. During investigation, the accused persons were arrested. The police then recovered a knife, at the instance of the accused persons. Post -mortem examination on the dead body was conducted by Dr. B.M. Gupta, and according to him, the death was caused due to shock and haemorrhage as a result of the injury to liver, as mentioned in the postmortem report. After completing usual investigation, the police submitted a challan against both the appellant and one Gopal.;