R. P. DHOLAKIA, J.

( 1 ) THE appellants have challenged their conviction under sec. 302 read with Secs. 149, 147 and 148 of the I. P. Code as well as the sentence of imprisonment for life in respect of offence under Sec. 302 read with Sec. 149 and imprisonment for a period of one year in respect of the offence under Secs. 147 and 148, I. P. C. and to pay fine of Rs. 3000/- each, in default, further imprisonment for a period of three months. The appellant no. 2 has also challenged his further conviction under Sec. 506 (2) of the Indian penal Code as well as the sentence of imprisonment for a further period of one year and fine of Rs. 100/-, in default, further imprisonment for a period of three months recorded by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 24 of 1997, in the present appeal which is filed under sec. 374 (2) of the Code of Criminal Procedure, 1973

( 2 ) THE prosecution case, in a nutshell, can be stated as follows : 2. 1 The incident in question is alleged to have taken place at the field of laghdirbhai Danabhai situated at Nagalka Road in sim of village Sanganpur, tal. Dhandhuka on 27th September, 1996 at about 4-30 a. m. According to the prosecution version, the appellant No. 1 armed with a spear, the appellant No. 2 armed with a gun, the appellant Nos. 3 and 4 armed with axe and the accused no. 5 armed with dharia had on the said date and time unlawfully assembled in the said field with a common object of committing murder of deceased Aalubhai jilubhai which was three fields away from the field of the deceased and caused several injuries to deceased Aalubhai Jilubhai on various parts of the body. At that time, hearing some rowdy commotion, the complainant Jilubha (P. W. 1) and his son Mansi (P. W. 3) rushed to the spot from their own field and they saw all the accused persons beating Alubha whereupon the appellant No. 2- shantubhai stopped them at the point of gun. In the meantime, on account of the beating by the appellants-accused, deceased Aalubhai fell down and the appellants-accused fled away. Thereafter, Mansi, took the deceased to the hospital in a chhakada rickshaw, however, since the doctor was not present there, they left for Limdi hospital and while on their way to Limdi hospital the deceased aalubhai had expired. At Limdi hospital, the doctor who examined Aalubhai declared him dead. The on-duty Police Officer, Limidi Hospital Shri Ashokkumar on receiving a vardi from Police Station Officer, Limdi Police Station on 27-9-1996 at about 7-30 a. m. for going to hospital in connection with the dead body of a person brought to the hospital, went to the hospital and after seeing the dead body he collected details from Jilubhai, P. W. 1 who happens to be the father of the deceased. Ashokkumar P. W. 8 then prepared the inquest panchnama of the dead body (Exh. 18) and the complaint as given by Jilubhai was also reduced into writing. Thereafter, he sent the complaint to Limdi Police station along with the inquest panchnama for its registration and also forwarded the dead body for post mortem. However, since the offence in question was of the jurisdiction of Ranpur Police Station, Shri Ranabhai Vaghela of Limdi police Station registered the complaint on 27-9-1996 and forwarded the same along with inquest panchnama to Ranpur Police Station. The P. S. I. Ranpur Police station Mr. Bharatsinh Vaghela on receiving the said complaint on 27-9-1996 at about 2-00 p. m. registered the offence and commenced investigation. During the course of investigation, the Investigating Officer drew the panchnama of the scene of offence, recorded statements of witnesses and the accused persons came to be arrested on 1-10-1996. Thereafter, panchnama of the physical condition of the accused were made (Exh. 27), weapons were recovered under a discovery panchnama (Exh. 34 ). The clothes worn by the accused Ranubhai were also seized under a panchnama. The muddamal articles and the blood-stained earth and control eart

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