K.S. Jhaveri, J.

1. The present appeal is filed by the appellants-original accused Nos. 1, 2, 3 and 4 being aggrieved and dissatisfied with the judgment and order dated 2-8-2006 passed by the learned Addl. Sessions Judge, Presiding Officer and Third Fast Track Court, Anand, in Sessions Case No. 56 of 2006 (Old Sessions Case No. 289 of 2000) whereby original accused were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each, in default, to suffer further rigorous imprisonment for six months for the offence punishable under section 302 read with section 34 of the Indian Penal Code ("IPC' for short) and simple imprisonment for six months and to pay a fine of Rs. 500/- each, in default, to suffer further simple imprisonment for fifteen days for the offence punishable under section 323 read with section 34 of IPC. They were, however, acquitted for the offence punishable under section 135 of B.P. Act. Both the sentences were ordered to concurrently. They were given set off for the period undergone in jail.

2. Short facts of the case of the prosecution are that on 19-9-2000 at about 7.30 p.m., in the field of Chhatrasinh Rupsinh Parmar situated in the border of Village Kalu Sidhapur, Taluka Borsad, District Anand, all the accused with a common intention to kill Hartansinh Himmatsinh Sindha, took him into the field and accused No. 2 caught hold of hands of the deceased, accused No. 1 gave kick blows on vital body of the deceased by catching hold of his neck and other accused also gave kick blows on the deceased and one of the accused gave stick blow on Gajraben. Thereafter, Hartansinh succumbed to the injuries sustained by him. A complaint was, therefore, filed against the accused. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against the accused persons.

2.1 As the offence was triable exclusively by Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Hence, the prosecution was asked to prove the guilt against the accused.

2.2 To prove the guilt against the accused, prosecution examined following witnesses:

P.W. No. Name of witness Exhibit No.

1 Dr. Siraj Firozbhai Vhora 10

2 Ranubhai Hartansing 19

3 Pratapsinh Prabhatsinh Sindha 21

4 Ramsing Vajesing Sindha 25

5 Laxmanbhai Bhemabhai Rabari 27

6 Dhirsinh Raisinh Chauhan 29

7 Rakeshbhai Parshottambhai Patel 30

8 Rameshbhai Budhabhai Thakore 32

9 Gajraben Hartansinh Sindha 42

10 Dr. Sohanlal Devilal Dhakroliya 44

11 Maheboobkhan Rasulkhan Pathan 48

12 Anil ruddhsinh Jorubha Zala 50

2.3 The prosecution also relied on following documentary evidence:

Sr. No. Description Exhibit No.

1 Charge 3

2 Post mortem note 12

3 Post mortem and cause of death certificate 13

4 FIR 20

5 Panchnama of scene of offence 22

6 Inquest panchnama 26

7 Panchnama of cloth 28

8 Panchnama of recovery of stick 31

9 Panchnama of clothes of Gajraben 33

10 Certificate issued to Gajraben by Medical Officer, Primary Health Center, Kathana 46

11 Medical treatment papers of Gajraben 47

12 Muddanal note 54

13 FSL receipt 55

14 FSL letter 60

15 FSL report 61

16 Serological Report 62

2.4 After filing of closing pursis by the prosecution, further statements of accused under Sec. 313 of Cr.P.C. were recorded. On conclusion of trial and upon hearing the learned advocates appearing for the respective parties, the impugned judgment and order was delivered by the trial court giving rise to the present appeal by the original accused.

3. Heard Mr. Ramnandan Singh, learned advocate for the appellants-original accused and Ms. Shruti Pathak, learned Additional Public Prosecutor, for the respondent-State.

4. Learned advocate for the appellants, Mr. Ramnandan Singh, mainly submitted that it is clear from injuries shown in column No. 17