P.DIWAKER,J. - (1.)This appeal arises out of the impugned judgment and order dated 30.12.2002 passed by the Additional Sessions Judge, Sakti in S.T. No.287/2002 convicting the appellants under Sections 302/149 and 148 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo RI for life and fine of Rs.1,000/-, in default to undergo additional RI for 3 months, and RI for 1 year respectively.
(2.)In the present case name of deceased is Gouri Lal Satnami, father of PW- 1 Naresh.
(3.)Brief facts of the case are that there was old land related dispute between accused/appellant No.1 and deceased and on the date of incident also there was some quarrel between them and during the course of said quarrel, the accused/ appellant No.1 had threatened the deceased for dire consequences. It is further alleged that in the night intervening 16 th and 17th December, 2000 all the five accused persons armed with variety of weapons entered the house of deceased and committed his murder by causing grievous injuries to him. Incident was witnessed by PW-1 Naresh, son of deceased, who at the relevant point of time was present in the adjacent room and had witnessed the entire incident through an orifice in the door of the room. Further case of the prosecution is that as the accused/appellants have brutally murdered the deceased, therefore, said Naresh (PW-1) got scared and kept quiet till morning and next morning at about 8.20 a.m. he lodged the Merg Intimation (Ex.P-1). At 8.30 a.m. FIR (Ex.P-21) was lodged by him under Section 302/34 IPC against all the five accused persons specifically mentioning therein that on account of old land dispute between his father and accused/appellant No.1, at about 12 in the midnight when his father was sleeping in the verandah, the accused persons attacked on him and committed his murder by inflicting incised wounds on various parts of his body. Inquest over the body of deceased was prepared vide Ex.P-4 on 17.12.2000. Body was sent for post-mortem examination which was conducted by Dr. Jagdish Singh (PW-11) vide Ex.P-22 and he noticed following injuries:-
? Wound over neck front and lower part of 2.7" x 1" to 1.5"x 2" ? Incised wound over right side of face of 3.5" x1", bone deep ? Incised wound over right shoulder of 1.5" x 0.3"x0.3" ? Incised wound over right upper arm, 10 cm above from Injury No.3, of 2.5" x 0.5" x 0.5cm

? Incised wound over left side of face of 2"x1.5 to 1/2" x 2" in size. ? Incised wound over head of 2.5" x 1" in size.

? Incised wound over left shoulder of 1.5" x 1/2" x 1" in size. The doctor has opined that cause of death was shock and haemorrhage due to injuries over body i.e. skull fracture and other bony fractures, and the death was homicidal in nature. In the course of investigation, memorandum statement of accused/appellant No.1 was recorded vide Ex.P-9 and based on which one club was recovered vide seizure memo Ex.P-14. Memorandum of accused/appellant No.2 was recorded vide Ex.P-13 and based on which one axe was seized vide Ex.P-17. Memorandum of accused/appellant No.3 was recorded vide Ex.P-12 and in consequence of that information, one axe was seized vide seizure memo Ex.P-16. Memorandum statement of accused accused/appellant No.4 was recorded vide Ex.P-11 and on the basis of this disclosure statement, one axe was seized at his instance vide seizure memo Ex.P-15. Memorandum statement of accused/appellant No.5 was recorded vide Ex.P-10 and based on this disclosure statement, one crowbar was seized vide seizure memo of Ex.P-18. Seized articles were sent for chemical examination to the Forensic Science Laboratory from where report of Ex.P-34 was received. As per report of FSL, blood was found in all the seized articles and human blood was detected on the weapons seized from accused/appellants No.2 to 5. Statements of witnesses under Section 161 CrPC were recorded.