MR. R. M. CHHAYA, J.

1. THE present appeal arises out of the judgment and order dated 26.7.2002, rendered by the learned Additional Sessions Judge, Fast Track Court, Baroda, in Sessions Case No. 323/2000, convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code ["IPC" for short] and sentencing them to undergo life imprisonment and to pay fine of Rs.10,000/- each, in default to undergo further R.1 for one year.

2. THE prosecution case, briefly stated, is that on 20.9.2000 at about 9.00 A.M, the appellants-accused in furtherance of their common intention, knowingly caused serious injuries to deceased Meghjibhai Dhanabhai Bharvad on his chest, head, left side of the body below ribs and stomach, with deadly weapons like knife and big sized chhari and thereby committed his murder, on a public road near Bird Circle (sic. Chakli circle), Race Course Road, Baroda. It is the case of the prosecution that on the previous day of the incident, a scuffle had taken place between accused No.1- Nirmal and deceased Meghjibhai and, therefore, for taking revenge, on 20.9.2000 at about 8.45 A.M, when deceased Meghjibhai was passing through Chakali Circle in Racecourse area, on his scooty, he was struck down and assaulted by the appellants-accused with deadly weapons like knife and chhari. Appellant No. 1 was armed with knife and appellant. No.2 was armed with chhari. It is the further case of the prosecution that one Govindbhai Valjibhai, who was serving in a shop situated nearby Racecourse Circle and had come to the shop, on hearing hubbub, went to the place of the incident. Thereafter, the appellants- accused ran away on their motorbike. Govindbhai lifted the head of Meghjibhai and kept in his lap. One Ramesh Mohan, who happened to be a friend of deceased Meghjibhai, on coming to know about the assault, came to the place of incident and found that Meghjibhai was lying in a bleeding condition. Therefore,' immediately Rameshbhai shifted Meghjibhai to SSG Hospital. On reaching the hospital, Dr.Uday Prakash examined Meghjibhai and he noticed about 17 injuries on the person of Meghjibhai. Meghjibhai succumbed to the injuries at about 9.15 A.M. It is the further case of the prosecution that Bhailalbhai Dhanjibhai Bharvad, brother of deceased Meghjibhai, was informed about the incident by his cousin Bhavesh. Therefore, Bhailalbhai went to the place of occurrence and from there, he went to SSG Hospital, where he found Meghjibhai dead. Bhailalbhai, therefore, went to J.P. Road Police Station, where he lodged FIR.

On the basis of the FIR lodged by Bhailalbhai, the brother of deceased Meghjibhai, offence was registered and investigation was started. The investigating officer recorded the statements of those persons who were found to be conversant with the facts of the case. Incriminating articles, seized during the course of investigating, were sent to F.S.L for analysis. On completion of investigation, the appellants were charge sheeted in the Court of learned J.M.F.C., Baroda, for commission of offence punishable under Section 302 read with Section 34 IPC. As the offence punishable under Section 302 IPC is exclusively triable by a Court of Sessions, the case was committed for trial to Sessions Court, Baroda, where it was registered as Sessions Case No. 323/2000.

3. THE learned Judge of the trial Court framed charge against the appellants at Exh.14 for the offence punishable under Section 302 read with Section 34 IPC. The charge was read over and explained to the appellants, who pleaded not guilty to the same and claimed to be tried. The prosecution, therefore, adduced oral and documentary evidence to prove its case against the appellant.

4. AFTER recording of the evidence of the prosecution witnesses was over, the learned Judge of the trial Court explained to the appellants the circumstances appearing against them in the evidence of the prosecution witnesses and recorded their further sta