1. - The appellants eight in number, were placed on trial before the learned Sessions Judge Jhunjhunu in Sessions Case No 24/99 for having committed murder of Sumer Singh. Learned Judge vide judgment dated October 11,2000 convicted and sentenced the appellants as under ;

(1) Ramesh S/o Harish Chandra :

U/s 302 IPC to undergo Imprisonment for life and fine of Rs. 1,000/-, in default to further suffer six months. Imprisonment.

U/s 148 IPC to undergo Two Years Rigorous Imprisonment. (2) Kailash Kumar @ Kalji

(3) Sun ii Kumar S/o Mahipal : (4) Mainpal S/o Sampurnanand : (5) Balbir Singh S/o 1" xman Ram : (6) Sun ii Kumar S/o Rajendra Singh : (7) Ramesh Chaudhary S/o Ram Karan : (8) Narendra S/o Tara Chand :

U/s 302/149 Each to undergo Imprisonment for life IPC and fine of Rs. 1,000/-, in default to further suffer six months Imprisonment.

U/s 148 IPC Each to undergo Two Years Rigorous Imprisonment. The sentences were ordered to run concurrently.

2. The facts relevant for the disposal of instant appeal are that on October 29,1998 around 11 AM informant Yogendra Singh (PW. 1) submitted written report (Ex.P-1) to one Phool Chand, Police Officer at Roadways Bus stand Jhunjhunu. It was interalia stead in the report that on the said day at 10 AM, the informant was standing at the Traffic point near Bus stand in the company of Surendra and Ajay. Suddenly they heard ruckus coming form the front of a tea stall nearby. All the three rushed to the spot where they saw that the nephew of informant namely Sumer Singh was surrounded by the appellants who are equipped with hockies, iron rods and pipes etc., while Ramesh Kumar and a knife. Ramesh Kumar inflicted blow with hockies, iron rods and pipes. After causing injuries to Sumer Singh the assailants filed away from the scene of occurrence in a red jeep. No. RJ-19/C-6255. The incident had been witnessed by Chandra Shekhar and Krishna Kumar. It was also alleged in the report that Sumer Sing was belaboured on account of previous enmity. On the basis of said report, formal FIR was registered at. Police Station Jhunjhunu for offences punishable under Sections 302, 147, 148 and 149 IPC and investigation commenced. Site plan of the incident was drawn. Deceased was subjected to post mortem examination. Blood stained clothes of the deceased were seized. Control soil as also blood stained soil was lifted from the placeof incident. The accused persons were taken into custody and at their instance certain weapons as also the jeep got recovered. After doing the needful charge sheet was filed and in due course the case came up for trial before the learned Sessions Judge Jhunjhunu. Charges under Sections 147, 148, 302 in the alternate 302/149 IPC were framed against the appellants who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses and got exhibited 61 documents. In their explanation under Section 313 Cr.P.C., the appellants claimed innocence and stated that the witnesses are making lies and they also happened to be close relations of the deceased and on account of groupism there had been blatant false implication. In defence the appellant Ramesh submitted an affidavit and produced 16 documents. On hearing final submissions learned Sessions Judge convicted and sentenced the appellants as indicated herein above.

3. The fact that injuries sustained by Sumer Singh were ante mortem in nature is not disputed. Post Mortem Report of Sumer Singh (Ex.P-11) reads as under :External injuries :

1. Abrasion about 2cm x 1/2cm size on medial side of Rt. knee.

2. Abrasion about 3, 1/2cm x 2cm size below Lt. scapula.

3. Abrasion 1, 1/2cm x 1 cm size on Lt. lumber region.

4. Stab wound 2cm x 1/4 margins are clean cut edges are clean cut, placed obliquely lower and medially. On the Lt. side chest 1 cm away from mid line & at the level of apex of epigestrim.

5. Stab wound 2cm x 1cm size Omentum is coming out, Margins are clear cut, edges are clean cut, placed ob