JUDGMENT

S.B. Sinha, J.

These criminal appeals arise out of a common judgment dated 8.12.2004 passed by a Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.478 of 2002.

The appellants, along with one Syed Salim, were tried for commission of an offence under Section 302/34 of Indian Penal Code, 1860 ('IPC', for short) and were directed to suffer Rigorous Imprisonment for life. A fine of

a sum of Rs.3,000/- each was also imposed.

Abdul Karim (P.W.11), at the relevant point of time, was attached with Shivaji Nagar Police Station, Nanded as Police Inspector. He received an information at about 10.45 p.m. that an incident had occurred at Ashrafnagar. He went there in a police jeep and came to know that one Kayyum was injured in a quarrel, which took place between him and one Syed Shaukat. He came to learn that Kayyum was admitted in the Government Hospital. He went there and found him in the 'Out Patient Department' (OPD) in an injured condition. Before him a statement was made by Mohammed Shakeel (P.W.6) which was treated as a First Information Report.

Since the deceased, Kayyum, was operated, his statement could not be recorded im