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 ground, where, at about 8-9 AM all of a sudden accused Rain Ratan S/o Prabhu Lal, Ram Kishan S/o Bhairulal, Ramniwas S/o Prabhu Lal, Ram Kishan S/o Bhairulal, Prahlad S/o Prabhu, Ram Dev S/o Motilal, Babulal S/o Motilal, Latoor S/o Ram Kishan, Ram Charan S/o Hajarilal, Rajendra S/o Gobarilal, Babulal S/o Gobarilal, Dhanraj S/o Prabhulal, Satya Narayan S/o Prabhulal, Chandrabhan S/o Gendilal, Ramlal S/o Chandrabhan, Ram Gopal S/o Chandrabhan, Dev Chand S/o Chandrabhan, Ram Kanwar S/o Nandan, Badrilal S/o Ram Kanwar, Moharpal S/o Ram Kanwar, Dev Lal S/o Ghasilal, Ram Swaroop S/c Ghasilal. Devi Shanker S/o Madho, Khemraj S/o Devi Shanker, Ganga Ram S/o Devishankar, Shambhudayal S/o Kishanla, residents of Jhotali duly armed with weapons i.e. Batons, Gandasi (axe) and Dhariya appeared on the spot with intention to kill them and started assaulting them. Accused Ram Ratan inflicted blows by sword on the hands and legs of Ramhet. Accused Ramesh also inflicted Gandasi blows on the hands and legs of Ramhet. Accused Babu inflicted gandasi on the head of Mahaveer and accused Ram Charan struck on his head and legs. Accused Rajendra struck blows by gandasi on the head of Ramesh and Prahlad assaulted Rajendra on his head and hands, as a result of which Dhannalal, Gopilal, Prabhulal, Ramesh and Mahaveer sustained numerous injuries. It is further stated that when complainant Ramkalyan tried to intervene, accused Ram Karan caused injuries by baton on his left palm and accused Shokaran caused injury on his left shoulder. Accused Mathura also caused injury on his head. This incident was witnessed by Chhitarlal, Bhaktari and Ram Prasad of village Gokulpura who were present on spot. On the basis of this report, FIR No. 153/92 came to be registered. The Investigating Officer started investigation. During investigation, the site plan of the place of occurrence was prepared, the accused were arrested and on their disclosure statements, sword was recovered from accused appellant Ramratan and gandasi from accused appellant Ramesh. Recoveries were also made from other accused. The blood stained clothes of the deceased were seized. The weapons of offence coated with blood were sent to the Forensic Science Laboratory. The report of the FSL was collected and after completing other formalities, the challan was presented before the Court. The Court framed charges against the accused. The accused pleaded not guilty and were put to trial.

3. During trial, the prosecution examined all 33 witnesses cited in the %challan. PW 1 Ramesh, PW 2 Gopilal, PW 6 Ram Kalyan, PW 7 Chhitar Lal, PW 8 Bheru Lal, PW 9 Ram Chandra, PW 10 Ram Prasad, PW 11 Kishan Lal, PW 12 Mahavir, PW 14 Dhanna Lal and PW 15 Prabhulal have been cited as eye witnesses to prove the occurrence. At the instance of Ramesh accuse