PRITINKER DIWAKER, J.

As all the above three appeals arise out of a common judgment of conviction and order of sentence dated 8.1.2013 passed by the First Additional Sessions Judge, Durg in S.T. No.183/2010, they are being disposed of by this common judgment.

By the said judgment, appellants R. Samuel and K. Benjamin have been convicted under Sections 302/34 & 201 of IPC and sentenced to undergo imprisonment for life, fine of Rs.2000/- & RI for five years and fine of Rs.1000/- with default stipulations respectively whereas appellant M. John has been convicted under Section 302/34 of IPC only and sentenced to undergo imprisonment for life and fine of Rs.2000/- with default stipulation.

2. In the present case, name of the deceased is Rakesh Kumar Rajwade @ Rocky. It is alleged that on 16.7.2010 Rakesh Kumar had left his house and when he did not return in time, at about 11.15 pm his brother Nogesh (PW-9) called him on his cell phone, to which Rakesh Kumar replied that he would be returning soon. When even after some time Rakesh Kumar did not return, PW-9 and his brother Mukesh (PW7) went in search of Rakesh Kumar and near Sector-9 Hospital, SHA road, they saw the accused persons assaulting Rakesh Kumar by knife and rod. According to the prosecution, accused John caught hold of Rakesh Kumar whereas accused Samuel was assaulting him with knife and accused Benjamin by a rod. After seeing PW-7 and PW-9, the accused persons fled from the spot. Injured Rakesh Kumar was taken to hospital in a motorcycle, which was being ridden by PW-7 Mukesh Kumar and PW-9 Nagesh was sitting as pillion rider holding his brother injured Rakesh Kumar. In the hospital, Rakesh Kumar was declared brought dead. On 17.7.2010 at 0.30 hours FIR (Ex.P/18) was lodged by PW-9 Nogesh against all the three accused/appellants under Section 302/34 of IPC. Immediately thereafter at 0.40 hours merg intimation Ex.P/17 was registered at the instance of PW-9. Further case of the prosecution is that from hospital information was given to the family members of PW-7 & PW-9 and then PW-6 Usha Devi, PW-8 Annapurna Devi and PW-10 Sheetal also reached the hospital. Inquest over the dead body was performed on 17.7.2010 vide Ex.D/3 and thereafter, the body was sent for postmortem which was conducted on 18.7.2010 vide Ex.P/15 by PW-5 Dr. A.K. Mishra who noticed incised wounds on neck and left wrist, multiple abrasions on left forehead, abdomen, chest, elbow, cheek and left pelvis region. In his opinion, the cause of death was shock and hemorrhage as a result of antimortem stab injury and that the nature of death was homicidal. On 18.7.2010 memorandum of accused/appellant R. Samuel was recorded vide Ex.P/3, based on which seizure (Ex.P/5) of knife was made. Likewise, memorandum (Ex.P/4) of accused/appellant K. Benjamin recorded on the same day led to seizure of one iron pipes and clothes vide Ex.P/6. As per FSL report, though blood was found on the seized articles except iron pipe, however, there is no serological report to confirm origin and group of the blood so found. While framing charges, the trial Judge framed charges under Sections 302/34 and 201 of IPC against the appellants.

3. So as to hold the accused/appellants guilty, the prosecution examined 12 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.

4. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment convicted and sentenced the appellants as mentioned above.

5. Counsel for the appellants submits as under:

(i) that as per prosecution case, FIR has been lodged by PW-9 Nogesh whereas PW-9 has denied lodging of FIR and according to PW-7 Mukesh Kumar it is he who lodged the FIR.

(ii) that at the place of occurrence there was no source of light, which is evident from the sp