1. - On June 10, 1999 around 12.15 PM while Mamma Singh (now deceased) was sitting in the office of his Advocate, he was shot dead by dare devils in broad day light. Ramesh Chand and Vijay Singh, the appellants herein, along with Shri Narayan and Kadu were charged for committing murder of under section 374(2), Cr.F.C. against judgment dated 6.9.01 passed by Shri K. C. Jat, Addl. Sessions judge (Fast Track), Gangapur City in Sessions Case No. 50/01. Mammo Singh before the learned Additional Sessions Judge (Fast Track), Gangapur City who vide judgment dated September 6, 2001 though acquitted co-accused Shri Narayan and Kadu, but convicted and sentenced appellants Ramesh Chand and Vijay Singh as under :Under section 302 Indian Penal Code :Each to suffer life imprisonment and fine, of Rs. 2000/-, in default to further suffer six months simple imprisonment.under Section 452 Indian Penal Code :Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Under section 3/25 Arms Act :Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Substantive sentences were directed to run concurrently. Appellants Ramchandra and Vijay Singh have impugned the judgment of learned trial Judge by filing two independent appeals, whereas the State of Rajasthan has assailed the finding of acquittal of Shri Narayan and Kadu in the third appeal.

2. As per the prosecution case a written report was lodged on June 10, 1999 at 1.15 PM by the informant Prem Prakash Sharma, Advocate (Pw.3) at Police Station Gangapur City. It was interalia stated in the report that Mammo Singh who was facing trial in case No. 23/98 under Section 307 Indian Penal Code in the court of Additional Sessions Judge, was his client. On the said day in that case three witnesses viz, Narayan, Vijay Singh and Kadu were present. The court recorded the statements of Vijay Singh, Kadu and Constable 1-iimmat Singh but the statement of Narayan was deferred. Around 12.15 PM while informant was sitting in his office with Mammo Singh and informant's colleague Govind Parashar Advocate was also present, Mammo Singh told informant that his life was in danger. He had seen six seven persons in the court keeping constant watch on him. One Ramesh who was the accused in the abduction case of his brother, just crossed the office keeping an eye on him, Finding Mammo tensed, the informant was thinking for arranging security, but in the meanwhile six persons hurriedly entered into informant's office and caught hold of Mammo, Ramesh then opened fire that hit on the abdomen of Mammo. Thereafter Vijay Singh, Ramesh, Kadu, Shri Narayan and their two companions dragged Mammo outside the verandah and Vijay Singh opened two fires at Mammo and caused injuries on his temple and neck, as a result of which he died on the spot. The assailants then fled away in a jeep. On the said report a case under Sections 147, 148, 149, 302 and 452 Indian Penal Code and 3/25 of the Arms Act was registered and investigation commenced. Dead body was subjected to autopsy, statements of witnesses were recorded, the accused were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Gangapur City. Charges under Sections 148, 302, 302/149 and 452 Indian Penal Code and 3/25 Arms Act were framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 23 witnesses. In the explanation under Section 313 Criminal Procedure Code, the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing the final submissions convicted and sentenced the appellants as indicated herein above.

3. We have given our thoughtful consideration to the submissions advan