JUDGMENT

Harjit Singh Bedi, J. —

The prosecution story is as under:

1.On the 19th June 1990, the two deceased Rajmohan and Niranjan Singh had gone to Jammusarkala to buy sugar and while they were returning to their village and were passing through the nearby forest, they were severely beaten by the six accused with “lathis”, “lohangis” and “farsas”. Information of the incident was given by Maina Banjara PW3 to Daulat Singh PW4 and Sumer Singh PW10. Sumer Singh and Maina Banjara and several others then returned to the spot whereafter Niranjan Crl. Appeal No. 1297/2008 Singh and Rajmohan (injured) made oral dying declarations that they had been beaten by the six accused with the aforementioned weapons. The two died a short while later. Intimation of the incident was also received in Police Station Berasia at 3.40 p.m. by telephone and was recorded in Ex.P-3 on which Sub- Inspector O.P.Katiyar PW13 reached the place of incident along with a police force and found the dead bodies. A Ruqa was recorded at 4.40 p.m. at the site and on its basis a formal FIR was registered in the Police Station. The dead bodies were thereafter dispatched to the hospital for post-mortem which was performed by