R.C. Gandhi, J. - (1.) This Appeal under Sec. 374 Cr.P.C. has been preferred against the judgment and Order dated 24th January, 2001 passed by the learned Sessions Judge, Kota in Sessions Trial No. 368/2001, whereby the accused appellants have been convicted for commission of offence under Sec. 302/149 IPC for committing murder of Vinod S/o. Bhanwar Singh and sentenced to suffer life imprisonment. The prosecution story is that on 16th May, 1998 a message was received in the Police Station Gumanpura Kota from Prahlad Singh, Constable of Police Post, MBS Hospital, conveying that occurrence has taken place. This information was recorded at Sl. No. 1018 in the 'Rojnamcha', showing the time of receipt of information as 11.15 P.M. On this information, Abdul Rashid, Assistant Sub Inspector was sent to the Hospital, where Bhanwar Singh, PW 5 father of the deceased, submitted written report, Ex. P. 8 to Abdul Rashid ASI.
(2.) In the report, Bhanwar Singh, father of the deceased, has stated that on 16th May, 1998 at 10.45 PM he along with his son Vinod after taking meal left for walking and went toward temple of Chambleshwar Mahadev. While they reached near Frontier Bhawan, they found Nasru @ Nasir and Sabir standing near electric pole. One Hero Honda Splender Motor cycle of black colour was also parked near to them. Two more bikes were also parked at some distance, one was Yamaha and another was Hero Honda Splender. Two boys were sitting on each of the vehicles. While Sabir saw Vinod Singh, he uttered to catch him and kill him today. He picked up the sword in his hand which was lying in his motor cycle. Nasir took knife in his hand and opened it. Both the accused while using abusive language came near to his son. He tried to intervene, but in the meantime, accused Sabir with sword and Nasir with knife started inflicting injuries. He cried. A Few persons came there, but remained standing at a distance. None of them intervened to save the life of his son. While accused were beating, his son ran away to save his life. While he was running, two boys who were sitting on each of the motor cycles encircled him and again started inflicting injuries with weapons. Sabir inflicted injury on the left side of abdomen, while Nasir on the right side. They abused him also. At this stage, some boys came on the spot, the names of those boys are not known to him. Blood was oozing from the injuries of Vinod inflicted by the accused. Immediately after the occurrence, he with the assistance of these boys who appeared on the spot took injured Vinod in a auto -rickshaw to the Hospital, where the Doctor declared him brought as dead. This statement was taken by Abdul Rashid to the Police Station, on the basis of which FIR No. 327/98, Ex. P -10 was registered and investigation started. During investigation, the dead body was taken in possession and 'Panchanama' was prepared. Six accused were taken in custody. Sabir made disclosure statement and on his disclosure statement, sword was recovered. Similarly knives were recovered from Nasir and Nadim accused. Three motor cycles were also recovered and seized. Incriminating weapons were sent to Forensic Science Laboratory and its report has been received. Challan was presented before the Court.
(3.) The trial Court framed charges for commission of offence under Ss. 148, 302 and 302/149 IPC against all the accused and trial commenced. The prosecution cited 18 witnesses to prove the guilt, out of them 17 have been examined and out of 17 witnesses, 3 have been declared hostile. On appreciation of evidence, the trial Court acquitted four accused and convicted and sentenced the appellants for commission of offence under Sec. 302/34 IPC.;