JUDGMENT

R.R. Yadav, J. - This appeal is preferred against the judgment dated 27.11.1991 passed by the learned Additional Sessions Judge, Chittorgarh in Sessions Case No. 22 of 1991, by which, he found the appellants guilty of offence under Sec. 302 I.P.C. and sentenced each of them to life imprisonment and a fine of Rs. 500/- and in default to further undergo R.I. for six months.

2. According to the prosecution story, it is alleged that on 14.8.1987 at 1 p.m., one Karnal Prakash Nakedar, Naka No. 7, Chhoti Sadri Road, Nimbahera sent an information on phone to police station, Nimbahera that 4 - 5 persons were beating one person near the Naka and necessary steps be taken. The said information was recorded in the Rojnamcha as Ex. P. 19. Thereupon ASI Laxmilal and Head-constable Manikant accompanied with the police force proceeded towards to the said Naka, where it was transpired that the injured was shifted to the hospital and that the assailants had fled away towards Ranikhera, ASI Laxmilal with police force went in search of the accused persons. Head - constable Manikant proceeded to see the injured in the hospital, where he found that the injured Najaru Shah S/o Alaharakh Shah Fak