1. - These appeals have been directed against the judgment and Order dated 23rd July, 2002 passed by the learned Additional Sessions Judge No. 1 (Fast Track), Kota in Sessions Trial No. 55/2001, whereby out of 29 accused, he convicted twenty three accused and released twenty one by extending the benefit of Section 4 of the Probation of Offenders Act, 1958 and two are sentenced to suffer life imprisonment. Four accused have been acquitted of the charges, whereas two have died during trial. The present appeal has been preferred by the accused convicted and sentenced for commission of offence under Sections 302 and 148 IPC.

2. The prosecution story is that on 19.8.2002, PW 28 Bhanwar Lal, Assistant Sub Inspector, Police Station Budhadeet received wireless message that occurrence has taken place in village Jhatoli and the injured have been shifted to Hospital at Sultanpur. On receiving this information, he proceeded to the Hospital, where Ram Kalyan, PW 6 submitted a written report, Ex.P-24 to him at 2.15 PM, stating therein that "in their village, the mother of Kishore passed away three days prior and on 19.8.1992 they went to attend the third day ceremony at the cremation gro