IMPORTANT POINT
Unless case against accused is proved beyond doubt, he cannot be convicted.

JUDGMENT :

C. Nagappan, J.

1. These three appeals are preferred against the judgment dated 20.12.2006, passed by the High Court of Judicature for Rajasthan at Jaipur in DB Criminal Appeal No.1001 of 2003.

2. The appellants in DB Criminal Appeal No.1001 of 2003 are accused nos.2 to 5 in the Sessions case no.31 of 2003 on the file of the Special Judge, SC/ST(POA), Jhalawar and they were tried with accused no.1 for alleged offences under Sections 147, 148, 302/149 and 397 Indian Penal Code. The Sessions Court found accused no.1 not guilty of all the charges and found accused nos. 2 to 5 not guilty of the charge under Section 397. At the same time Sessions Court convicted accused nos. 2 to 5 for the offence under Section 148 and sentenced them each to undergo Simple imprisonment for 2 years with fine of Rs.500 and in default to undergo further simple imprisonment for one month and convicted them under Section 302/149 and sentenced them each to undergo life imprisonment with fine of Rs.2000 and in default to undergo simple imprisonment for six months.

3. Aggrieved by this conviction and sentence, accused nos. 2 to 5 preferred appeal being DB Criminal Appeal No.1001 of 2003, before the High Court of Rajasthan at Jaipur Bench. During pendency of appeal, appellant/A3 Irfan Ali died and his appeal abated. The High Court by its judgment dated 20.12.2006 dismissed the appeal preferred by the appellants. Challenging the same accused nos.2, 4 and 5 have preferred present appeals.

4. The prosecution case as it discerned from the records is briefly, as follows : PW 19 Anil Kumar Jain is the brother of deceased Ashok Kumar. On 22.1.2001 he submitted Exh. P34 complaint at Police Station Kotwali Jhalawar stating that Ashok Kumar was looking after the factory of Kota stones and the contract of royalty of toll tax was obtained by Abdul Khalid in which his brother Ashok Kumar was also a partner. It is further stated that Khalid was arrested for committing the murder of Kallu and Ashok Kumar gave assistance to Khalid. Due to this reason on 22.1.2001 companions of Kallu came to the factory and murdered Ashok Kumar. It is further stated therein that as per the information provided by PW 20 Lal Chand the accused were five in number and they caused injuries to Ashok Kumar with sword and knife. PW 25 Mirza Majid Beg came from Kota to Jhalawar to meet Ashok Kumar on the occurrence day, and he and his driver PW 24 Mohamed Shakir saw the occurrence in which the accused inflicted injuries with weapons on Ashok Kumar. Due to fear they hid themselves in the factory. PW 19 Anil Kumar Jain took injured Ashok Kumar in the Maruti car to hospital at Jhalawar where he was declared dead. On the written complaint of PW 19 Anil Kumar Jain a case under Sections 147, 148 302/149 and 448 IPC was registered and investigation commenced. PW 17 Dr. Arvind Kumar Bohra conducted autopsy on the body of Ashok Kumar and found the following ante-mortem injuries:

1. Incised wound 2 ½ x ½ x bone deep horizontally mid of forehead.

2. Abrasion 3 ½ long in front and over the pinna of left ear.

3. Stab incised wound 2” X ½” X cavity deep omentum and fresh blood come out from wound vertically Rt para umbilicus region.

4. Stab incised wound 2” X ½” X cavity deep. Vertically oblique omenten and fresh blood comes out left para umbilicus part of abdomen.

5. Stab incised wound 2” X ½” X cavity deep omentum and fresh bleeding present vertically left renal region of abdomen.

6. Stab incised wound 2” X ½” X cavity deep oblique ½” below lower costal margin left Hypocondrium of abdomen.

7. Incised wound 1” X ¼” x skin deep oblique lat. Aspect of middle of left thigh.”

He issued Exh.P21 post-mortem report by expressing opinion that the cause of death was hemorrhagic shock as a result of cutting of pedicle of spleen omental and mesenteric vessels.

5. The investigation officer examined the witnesses, arrested the accused and recovered weapons by drawing the necessary memos and on completion of the investigation fi