Hon'ble VYAS, J.—By way of filing this criminal appeal, the appellants are challenging the impugned judgment dated 14th October, 2003 passed by the Additional Sessions Judge (Fast Track), Bhilwara in Sessions Case No. 30/2001, whereby, the learned trial Court convicted all the accused-appellants for committing offence under Sections 147, 364/149 and 302/149 IPC and passed sentence of life imprisonment for offence under Section 302/149 IPC alongwith fine of Rs. 2,000/- to each accused-appellants and in default of payment of fine each accused-appellants to further undergo three months rigorous imprisonment and for offence under Section 364/149- ten years rigorous imprisonment alongwith fine of Rs. 1000/- to each accused-appellants and in default of payment of fine each accused-appellants to further undergo one month's rigorous imprisonment and for offence under Section 147 IPC-two years rigorous imprisonment.

2. According to the brief facts of the case, an FIR was registered at Police Station Kotadi, District Bhilwara against all the five accused-appellants on the basis of statement (Parcha Bayan Exhibit P/7) of deceased Hamatu Singh on 17th November, 1997. The statement of deceased Hamatu Singh was recorded by the SHO, Police Station Kotadi at 9.25 p.m. on 17.11.1997 at Mahatma Gandhi Hospital, Bhilwara, in which, it was deposed by the deceased Hamatu Singh that on 17th November, 1997 at about 7:00 PM when he was coming to his house from his well along with his son Bheru Singh and nephew Gopal Singh, all of sudden near the well of village, accused-appellants Nand Singh, Hem Singh, Rajender Singh, Sampat Singh and their father Dabi Singh restrained his way and assaulted him by lathies. Thereafter, Hem Singh and Rajender Singh lifted him and brought to the house of Nand Singh and after closing the door of the house, all the accused-appellants assaulted him. Nand Singh was having sword in his hand and tried to cut his nose. Due to severe beating by lathies, he received grievous injuries upon head and both the legs. It is further stated that there is previous enmity between him and all the accused-persons with regard to agricultural land, therefore, accused-appellants kidnapped him and assaulted him seriously.

3. As per prosecution story, the S.H.O. Police Station Kotdi went on the spot alongwith Lal Singh, Sawar Mal, Geesa Lal and Kailash Chandra constables by government vehicle upon the information received at Police Station, Kotdi at about 7:00 PM on 17th November, 1997 on telephone by unknown person. After reaching on spot deceased Hamatu Singh was found in critical condition, therefore, he was taken to the Mahatma Gandhi Hospital, Bhilwara in the government jeep and got admitted in the hospital at 9:15 PM. In the hospital, statement (Exhibit P/7) of the deceased Hamatu Singh was recorded by the SHO. In the back side of the statement (Ex. P/7) of deceased Hamatu Singh, it was written at about 9.30 p.m. that now Hamatu Singh has died, therefore, for registration of the case, the said statement (Ex. P/7) was forwarded to Police Station, Kotdi through Constable Sawar Mal (PW. 5) at 9:50 p.m. and constable Sawar Mal (PW.5) submitted the said statement of deceased Hamatu Singh in the police station, upon which FIR was registered at Police Station, Kotdi under Sections 147, 148, 149, 341, 364, 342 and 302 IPC.

4. After death of deceased Hamatu Singh, his body was sent for postmortem. The postmortem was conducted by the medical jurist on 18th November, 1997, which is Exhibit P/33. Upon completion of all the formalities, the investigating officer proceeded to investigate the matter and after completion of investigation filed challan against all the five accused persons in the Court of Judicial Magistrate, Kotdi from where the case was committed to the Court of District & Sessions Judge, Bhilwara and thereafter, the case was transferred to the Court of Additional Sessions Judge No. 2, Bhilwara and from where the case was further transferre

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